Supreme Courts and Binding Precedents

Zusatztext

This book offers a profound and original contribution to comparative legal theory by examining the evolution, structure, and function of supreme courts and the role of binding precedents in Brazil. Written The work bridges civil law and common law traditions, providing a rigorous analytical framework for understanding how judicial authority and interpretative practices shape legal systems.Divided into two main parts, the first explores the conceptual and institutional transformation from superior courts focused on legality and jurisprudential control to supreme courts, which aim to unify and interpret the law through precedent. The author contrasts reactive models of judicial review with proactive models of legal guidance, emphasizing the interpretative authority of courts like Brazils Supreme Federal Court and Superior Court of Justice.The second part delves into the historical and dogmatic dimensions of binding precedents. It traces the philosophical and comparative roots of judicial interpretation, from the myth of judges as mere "mouthpieces of the law" to the recognition of courts as active constructors of legal meaning. Drawing on European and Anglo-American traditions, the book argues for a reconceptualization of precedent as a normative source, essential for legal certainty, equality, and institutional coherence.Combining theoretical depth with practical relevance, this work is indispensable for scholars, judges, and legal practitioners interested in judicial reasoning, legal hermeneutics, and the modernization of procedural law. It offers a compelling vision of how courts can foster a more predictable and just legal order through the responsible use of precedents.

Autorenportrait

Daniel Mitidiero is an Professor of Civil Procedure at the Federal University of Rio Grande do Sul (since 2011) and has been Visiting Scholar at the University of Heidelberg, Germany (2025), University of Edinburgh, Scotland (2023), University of La Plata, Argentina (2015), and University of Pavia, Italy (2013). He holds a PhD in Law from UFRGS (2007) and has been a Visiting Scholar at the University of Edinburgh, Scotland (2023) and the University of Pavia, Italy (2013). He is a member of the Council of the International Association of Procedural Law (IAPL), the Instituto Iberoamericano de Derecho Procesal (IIDP), the Associazione Italiana fra gli Studiosi del Processo Civile (AISPC), the Asociación Argentina de Derecho Procesal (AADP), and serves on the Board of the Instituto Brasileiro de Direito Processual (IBDP). Daniel is the author of numerous books and articles published internationally. For Springer, and with Christoph A. Kern, is editor of the series Global Perspectives on Civil Justice. Additionally, he is a practicing lawyer in Brazil.  

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