The judiciary and the contributions of the Brazilian code of civil procedure in legal security, predictability and consistency of decisions-model inspired by the English system (judicial accountability)

Marcos Kauffman

doi:10.26668/indexlawjournals/2358-1352/2019.v22i9.5274

The judiciary and the contributions of the Brazilian code of civil procedure in legal security, predictability and consistency of decisions-model inspired by the English system (judicial accountability)

Marcos Kauffman

Institute for Future Transport and Cities

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Abstract

Based on the effectiveness of the guarantees of legal certainty, predictability and fairness, this article analyzes the main contributions of the Code of Civil Procedure (Law 13.105 / 2015). With this scope, we introduce initial considerations of some statistics on the increase of the litigation in Brazil and the phenomenon of judicial subjectivism; to explore some of the most relevant mechanisms brought by the CPC that contribute significantly to the construction of a legal environment based on the principles of legal certainty, stability and equality; with clear inspiration in the common law, especially in the English system. This study used the hypothetic-deductive method, based on the literature, the legal system and jurisprudence.

Original language	English
Pages (from-to)	200-218
Number of pages	19
Journal	Revista de Direito Brasileira
Volume	22
Issue number	9
DOIs	https://doi.org/10.26668/indexlawjournals/2358-1352/2019.v22i9.5274
Publication status	Published - 2019

Bibliographical note

Open Access under a Creative Commons licence. CC-BY-NC

Keywords

Judiciary
Legal Security
Predictability
Decision Uniformity
The Brazilian Code of Civil Procedure 2015.

Access to Document

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PublishedFinal published version, 782 KBLicence: CC BY-NC

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