Adversarial, cooperation and precedent: the expansion of process dialogue on the perspective of the new Civil Procedure Code
The research objective ascertain, from the perspective of the reasoning of judicial decisions, the institutionalization of a precedents system has the power to extend the procedural debate, as well as the substantial adversarial and the dialogue duty are the assumptions of the applicability of a ma...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Universidade do Estado do Rio de Janeiro
2015-06-01
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| Series: | Revista Eletrônica de Direito Processual |
| Subjects: | |
| Online Access: | http://www.e-publicacoes.uerj.br/index.php/redp/article/view/16882/12527 |
| Summary: | The research objective ascertain, from the perspective of the reasoning of
judicial decisions, the institutionalization of a precedents system has the power to extend the procedural debate, as well as the substantial adversarial and the dialogue duty are the assumptions of the applicability of a mandatory precedent theory. As a result, it was found that there are reciprocal influences between those outlined above institute, which have the power to form a more full-bodied precedent able to remain healthy across the other demands; and to encourage the development of the law to prevent their immobilization through the rationalization of judicial reasoning.
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| ISSN: | 1982-7636 1982-7636 |