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

See all articles by Teresa Wambier

Teresa Wambier

Pontifical Catholic University of Sao Paolo (PUCSP)

Cassio Bueno

Catholic University of São Paulo

Date Written: February 15, 2017

Abstract

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

Suggested Citation

Wambier, Teresa and Bueno, Cassio, Civil Justice in Brazil (February 15, 2017). Wambier T.A., Bueno C.S. CIVIL JUSTICE IN BRAZIL. BRICS Law Journal. 2016;3(4):6-40.. Available at SSRN: https://ssrn.com/abstract=2925351

Teresa Wambier (Contact Author)

Pontifical Catholic University of Sao Paolo (PUCSP) ( email )

Rua Monte Alegre, 984
Perdizes
Sao Paolo, São Paulo 05014-901
Brazil

Cassio Bueno

Catholic University of São Paulo ( email )

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