The New Civil Procedure Code and the Challenges for the Brazilian Legal Education System

2015 ◽  
Vol 15 (2) ◽  
pp. 116-120 ◽  
Author(s):  
Renê Francisco Hellman ◽  
Mariana Cesto
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Education System ◽  
Legal Education ◽  
Interdisciplinary Approach ◽  
Civil Procedure ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Procedure Code ◽  
New Challenges

AbstractThis article by Renê Francisco Hellman and Mariana Cesto aims to analyse how the New Civil Procedure Code will influence the Brazilian legal education system. The new Code is opposed to ‘surprise decisions’ and emphasizes the need for substantial opportunity to contradict the opponent's submissions. This will constrain judicial decision-making. On that basis, new challenges appear for teaching, and they must be faced and solved in order to make the new prescriptions effective. The proposal is to use an interdisciplinary approach to reformulate the legal education system. This would effectively provide better support to future lawyers regarding their development, making them better qualified to operate within the legal system.

scholarly journals As medidas estruturantes e a compatibilidade com o direito processual brasileiro

2020 ◽  
Vol 24 (2) ◽  
pp. 64-80
Author(s):  
Renata Bolzan Renata Bolzan Jauris ◽  
◽  
Luiz Fernando Bellinetti ◽  
Keyword(s):  
Decision Making ◽  
Literature Review ◽  
Legal System ◽  
Civil Procedure ◽  
Decision Making Process ◽  
Access To Justice ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
State Functions

This paper explores the possibility of applying structuring injunctions in Brazilian civil procedural law. Utilizing literature review, this study explores whether the Brazilian, constitutional and infraconstitutional normative system is apt for the adoption of structuring injunctions without contradicting or affronting the current legal system. To this end, this article analyzes the constitutional principles of access to justice, the division of state functions, as well as the principles of demand and correlation. It also studies legislative innovations of the Brazilian Code of Civil Procedure of 2015, specifically the general procedural clauses and the principle of collaboration. This study then goes on to study article 21 of the Law of Introduction to Norms of Brazilian Law, which adopts explicitly the use of structural measures in the judicial decision-making process.

scholarly journals Nekonečný příběh Nejvyšší rady soudnictví: Kdo ji chce a proč ji pořád nemáme?

2021 ◽  
Vol 29 (1) ◽  
pp. 87-122
Author(s):  
Katarína Šipulová ◽  
Marína Urbániková ◽  
David Kosař
Keyword(s):  
Decision Making ◽  
Current System ◽  
Legal Education ◽  
Judicial Decision ◽  
Comprehensive Understanding ◽  
Judicial Decision Making ◽  
Policy Debates ◽  
Research Questions ◽  
Recent Policy

Establishment of the judicial council has been debated for decades in Czechia. However, we still miss a comprehensive understanding of the positions and arguments of key actors involved in judicial governance: judges, politicians and lawyers. This article fills this gap and maps the existing arguments in favour and against a judicial council. It poses three research questions: (1) Do elites support the establishment of a judicial council and how do they justify their position? (2) What form of judicial governance do they perceive as ideal? (3) What are their expectations from the judicial council? Judges, politicians and lawyers identify the same two core challenges of the current system: The ministry of justice lacks the vision and capacity to govern the courts, and thus it informally delegates majority of its competences on court presidents. Too strong court presidents in turn make the system fragmented and endanger internal independence of rank-and-file judges. Elites however disagree whether the establishment of a judicial council can solve these issues. Majority of judges support the judicial council and hope for the unification of judicial governance across the country. Some politicians are willing to accept a weak model of judicial council if the ministry of justice can still determine the contours of judicial governance. At the same time, politicians consider the current fragmented system of judicial governance as more resistant against the capture of the judiciary. Lawyers see judicial council as a risky model which might encapsulate the judiciary. The key solution of the current problems, according to lawyers, rests in the reform of legal education and enhancing the quality of the judicial decision-making. Unfortunately, the neither recent policy debates nor the pending bills on the Law on Courts and Judges have addressed the key challenges raised by our interviewees.

Principles, Procedure, and Justice

2020 ◽  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Distributive Justice ◽  
Civil Procedure ◽  
Judicial Decision ◽  
Forensic Evidence ◽  
Judicial Decision Making ◽  
Administration Of Justice ◽  
University College ◽  
Evidence Law

The book contains a collection of essays in civil procedure and evidence honouring Professor Adrian Zuckerman of University College Oxford. The contributors are leading scholars and judges whose work has engaged with or been influenced in some way by the work of Professor Zuckerman. The contributions touch upon a wide variety of topics, ranging from the efficient administration of justice, questions of distributive justice and the allocation of costs, the use of online facilities and artificial intelligence in the delivery of justice, judicial decision making, abuse of process, to hearsay, the use of forensic evidence, and evidence law.

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

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