The Influence of CJEU Judgments on Brazilian Courts

22 Pages Posted: 17 Jul 2019

See all articles by Mario Viola de Azevedo Cunha

Mario Viola de Azevedo Cunha

Centre for Media Pluralism and Media Freedom of the European University Institute

Danielle Borges

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: 2019

Abstract

This paper aims at discussing the influence of the Court of Justice of the European Union (CJEU) case-law on Brazilian jurisprudence or legislation. First, it presents an overview of the Brazilian legal system as well as of the functioning of its Judiciary. Then the paper analyses the dialogue between Brazilian courts, mainly the Supreme Court, with supranational and foreign courts, indicating and discussing some cases and legislation where foreign jurisprudence is mentioned by Brazilian courts or laws. The paper concludes that there is no tradition in the Brazilian Judiciary of citing international and foreign jurisprudence. Moreover, although so far there has not been much influence of CJEU case-law on Brazilian jurisprudence or legislation, there is a great potential for CJEU influence on Brazilian Supreme and Superior courts jurisprudence as well as on the Brazilian national parliament decision-making process in the coming years, especially on issues relating to the Information Society.

Keywords: CJEU case-law; Brazilian courts; Influence; Foreign jurisprudence

Suggested Citation

Viola de Azevedo Cunha, Mario and Borges, Danielle, The Influence of CJEU Judgments on Brazilian Courts (2019). EUI Department of Law Research Paper No. 2019/02, Available at SSRN: https://ssrn.com/abstract=3421491 or http://dx.doi.org/10.2139/ssrn.3421491

Mario Viola de Azevedo Cunha (Contact Author)

Centre for Media Pluralism and Media Freedom of the European University Institute ( email )

Villa Schifanoia
Via Boccaccio 121
Firenze (Florence), 50133
Italy

Danielle Borges

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

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