Empirismo e sua relação com o direito: precedente e súmula vinculante

Cunha, José Ricardo
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This thesis is proposed to relate Empiricism and Law, considering that the empirical conception, constantly observed in the legal system of Common Law, believes that knowledge is fruit of experience. Furthermore, it is also responsible for originating the epistemology also known as Legal Realism. Whereas the legal system in Brazil is the Civil Law, this paper tried to make a comparison - through its main characteristics - between the two institutes of binding effect, which result from decisions of the Superior Courts in both systems, in order to ascertain whether Súmulas Vinculantes represent a version of Precedent in our legal system. At the end of the survey it was found that literally it is not possible establish such a comparison, given that the distinctions between the institutes outweigh the similarities.

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