THE USE OF PRECEDENTS IN BRAZIL AND THE NEW CODE OF CIVIL PROCEDURE: ANALYSIS IN THE PERSPECTIVE OF "LAW AS INTEGRITY" OF RONALD DWORKIN

Abstract

This article analyses the judicial precedents and the principle of integrity in the Brazilian legal system. First, an overview of the conception of “law as integrity” elaborated by Ronald Dworkin is outlined. Then, it is made an analysis of the subject in Brazil, pointing aspects that confirm the recently appreciation of the precedents in that country. Subsequently, it is made a critical of the way in which precedents are used in Brazil. Finally, it is studied the question in the New Code of Civil Procedure particularly by using the new law as well as some doctrine about the matter

Keywords

• ronald dworkin
• law as integrity
• precedents
• new code of civil procedure
• fundamental rights