文章基本信息

标题：Precedentes judiciais e a importância das técnicas de distinção e superação
本地全文：下载
作者：Alberi Rafael Dehn Ramos ; Jussara Borges Ferreira ; Kelly Cardoso 等
期刊名称：Research, Society and Development
电子版ISSN：2525-3409
出版年度：2022
卷号：11
期号：11
页码：1-15
DOI：10.33448/rsd-v11i11.33889
语种：English
出版社：Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
摘要：The Brazilian Civil Procedure Code of 2015, enshrined the need to observe a system of precedents in Brazil. Judicial pronouncements that must be observed by judges and courts across the country. The identification of the precedent goes through the understanding of its element, a norm that emerges from the pronouncement, called ratio decidendi. The normative element is located and understood, and in the case of precedent, it must be applied. Therefore, the approach of this research passes, in addition to referencing the judicial pronouncements provided for in the CPC, by studying the techniques of distinction and overcoming precedents. That is, when a certain precedent may no longer be applied to the case (distinguishing) or, even, when there may be a paradigm shift, with the elimination of the previous precedent and the fixing of another one in its place (overruling). Thus, through the deductive methodology, positive legislation and doctrine are used to discuss the subject.
关键词：Standardization of decisions;Judicial pronouncements;Techniques of precedent.