INFLUENCE OF THE COMMON LAW IN THE IMPLANTATION OF STARE DECISIS IN BRAZIL IN THE AGE OF THE INFORMATION SOCIETY

• Main Authors: Marcelo Guerra Martins, Gustavo Filipe Barbosa Garcia, Augusto Tavares Rosa Marcacini
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2018-12-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: civil law; common law; precedentes judiciais vinculantes; sociedade da informação
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/31054

This paper aims to address the influence of some common law institutes in the creation of a stare decisis system in the Brazilian law, within the context of the information society. Therefore, the main differences between a civil law and a common law are analyzed, including historical terms, and it is concluded that institutes such as certionari stare decisis, distinguishing and overruling were now incorporated in the rules of Brazilian civil procedure. The advantages of adopting the stare decisis (isonomy, legal security, impersonality and rationality in the use of the Judiciary) are also analysed. In terms of methodology, this is a theoretical study, with predominance of the qualitative method of data analysis and results, being as conclusions essentially obtained by the use of induction.