A JurisprudÃncia como Fonte do Direito. Qual à hoje o seu papel no Sistema JurÃdico Brasileiro?




Starting from the meaning given by Jurisprudence to the expression Sources of Law, the object of this study is to investigate the role that Case Law plays in Brazilian legal system. It is preliminarily studied the nature of judicial decision, whose substance shows an undeniable creative feature. Yet preliminarily this research investigates how differently Common Law and Civil Law legal systems deal with judicial precedents, to afterwards concentrate its efforts on how Case Law works in Civil Law legal systems and specifically in Brazilian Law. The study reaches its aim when it analyses the role that Brazilian Legislation has historically given and nowadays gives to judicial precedents, including the study of the bills â now under discussion by the Congress â that intend to make judicial precedents compulsory. It is added to this merely dogmatic approach a study of political, economical and sociological aspects of Brazilian State structure and its Judiciary


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