Banca de QUALIFICAÇÃO: Tatiana Paula Cruz

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Tatiana Paula Cruz
DATE: 26/08/2022
TIME: 16:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTJkMjllNGEtMjRkNi00NTIzLThhYT UtY2FiMWNhMmU2
TITLE:

BINDING PRECEDENTS AND MILITARY JUSTICE: THE MILITARY SUPERIOR COURT AS A COURT OF PRECEDENTS AND ITS ROLE IN SUPPORTING THE CONSTRUCTION OF A THEORY OF JUDICIAL PRECEDENTS

KEY WORDS:

Precedents – binding effect – civil procedure – binding statements – Military Superior Court.

PAGES: 70
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Considering the growing importance of judicial precedent in Brazil and the intense legislative changes to give binding force to judicial decisions, this study demonstrates that such an approximation of a common law culture requires the establishment of a solid basis. A theory on how to work with judicial precedents in Brazil is essential to protect the values that inspired the adoption of this system and to guarantee that these same values are not trampled by an ideal of speed and reduction in the number of lawsuits. The Superior Military Court has shown itself to be a vanguard court in the construction of judicial decisions, which allows the Court to play a central role in supporting the construction of a Brazilian theory on judicial precedent. This work makes a brief comparative analysis and identification of weaknesses in the North American system, in addition to outlining aspects of the Brazilian precedent system, in order to demonstrate the need for attention to the theme. Furthermore, an approach is made to the role of the STM as a Court of precedents and its ability to oxygenate the debate on judicial precedents.

BANKING MEMBERS:
Externa à Instituição - MARIA ELIZABETH GUIMARÃES TEIXEIRA ROCHA
Interno - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Presidente - 2729067 - DANIELA MARQUES DE MORAES
Interna - 1150035 - FERNANDA DE CARVALHO LAGE