Litígio estratégico, vinculação de precedentes e abertura ao diálogo constitucional na construção do provimento jurisdicional
The survey’s purpose is the examination of strategic litigation in the light of judicial precedent binding, without leaving a desirable constitutional dialogue with the institutions and social sectors. Therefore, it begins with an approach of the redirection technical policies claims to the Judiciar...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6130183 |
| Source: | Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 4, Nº. 2, 2017 (Ejemplar dedicado a: maio/agosto), pags. 193-219 |
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| Summary: |
The survey’s purpose is the examination of strategic litigation
in the light of judicial precedent binding, without
leaving a desirable constitutional dialogue with the institutions
and social sectors. Therefore, it begins with an
approach of the redirection technical policies claims to the
Judiciary. Then, the study covers the development of this
practice in Brazil and its connection with the stare decisis,
based on a Dworkin constructive interpretation. The need
to expand the vision of romance chain to cover the other
authors of the constitutional novel is verified, the study is finished with the proposal of some measures to be undertaken
in the judicial opinion bilding, and which can assist
in the dialogue opening |
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