Civil Justice in Brazil
Wambier T.A., Bueno C.S. CIVIL JUSTICE IN BRAZIL. BRICS Law Journal. 2016;3(4):6-40.
35 Pages Posted: 5 Mar 2017
Date Written: February 15, 2017
This study deals in a succinct way with the Brazilian model of civil procedural law. There is an historical approach specifically about Portuguese law which was in force in Brazil at the beginning (until 1832), after what there comes a brief description of the judiciary structure (courts and judges) and only then we talk about the scope of civil procedure, its fundamental principles and, in a “law in practice” approach, access to justice. The role of a judge towards deciding “according to statutes and evidence” is analysed and the current importance of case law is deeply focused, mainly according to the new CPC (in force since 2015) and so are appellate proceedings, class actions, enforcement proceedings and ADR. The last items concern the role and the importance of academia, and some interesting cultural observations, where we deal with the very serious crisis, both ethical and economic, that Brazil is living now, in the political sphere. The judiciary branch is now our only hope.
Keywords: Brazilian civil procedural law, case law, role of the judiciary, crisis, trust on the judiciary branch
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