THE IMPLEMENTATION OF THE PRECEDENT SYSTEM IN BRAZIL: INSPIRATION FROM COMMON LAW AND ABSTRACTION IN CIVIL PROCEDURE

Abstract

This paper discusses the Brazilian precedent system, considering the main differences between the precedent systems in common law and civil law countries, as well as the specifics of its incorporation into the Brazilian legal framework. The objectives of this research were to analyze the general differences between common law and civil law precedent systems, highlight the structure of the Brazilian precedent system for handling mass litigation, and observe the abstraction in the national system. This work is justified by its contribution to understanding how precedents are applied in Brazil, highlighting the differences in relation to the original system and the impacts of this adaptation. The findings show that, despite being inspired by common law, the Brazilian precedent system places greater emphasis on issuing theses and abstracting precedents, which results in a substantial alteration in the logic of application in concrete cases. The results indicate that, although Brazil was inspired by common law, the country's precedent system is characterized by a focus on the issuance of theses and the abstraction of precedents, which significantly changes the logic of application in specific cases.