
The new Brazilian Civil Procedure Code instituted a model of binding precedents, to approach the legal system of common law countries. The legislator was already seeking the transformation of the STF and t he STJ of superior courts in supreme courts, with the transition from the exercises of the judgment control function in this case for assurance uniformity of interpretation of the law. So assumes special importance the duty of grounds, which is disciplined in article 489, allowing the management of binding system, with appropriate formation and application of the precedents. The article attempts therefore shed light on concepts inherent in the work with binding precedents, especially on those instilled in law by new Brazilian Civil Procedure Code, which are the ratio decidendi , the distinguishing and the overruling.
Precedents, Law in general. Comparative and uniform law. Jurisprudence, Duty of grounds, New Civil Procedure Code, K1-7720
Precedents, Law in general. Comparative and uniform law. Jurisprudence, Duty of grounds, New Civil Procedure Code, K1-7720
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 0 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
