In short, case law is the result of a series of judicial decisions on the same subject matter in a specific direction.
Therefore, this article aims to clarify what jurisprudence is, how lawyers research it, and other questions that may arise among law students and professionals.
Jurisprudence: what is it?
The term "jurisprudence" can be understood, at first glance, as the application of the law by the court , being the body of judicial decisions on the same subject matter in a specific sense.
Secondly, the result of this application to a particular case also becomes a source of law , that is, a way of interpreting the legal norm.
According to the illustrious doctrine of Didier :
" The duty to observe judicial precedents and court case law, provided for in various provisions of the CPC (article 926, for example), corroborates the need to redefine the principle of legality."
What is the difference between precedent, jurisprudence, and summary judgment?
Firstly, precedent can be understood as a judicial decision made in a specific situation that serves as a reference for other cases . In other words, it can be used as a basis for other judgments in the future.
Jurisprudence , on the other hand , can be understood as a series of precedents . It can even be of two types: those determined by the superior court or by the court of second instance.
Furthermore, regarding this last point, certainly the greater the hierarchical power of the judge, the greater their capacity to generate impact with their decisions.
Given this, the jurisprudence of a higher court tends to carry even greater weight in its value judgment.
In conclusion, the consolidation of case law is therefore transformed into a binding precedent.
Thus, after a particular court has formed a majority understanding on a matter, it consolidates it in a summary judgment with the aim of disseminating and unifying the procedural conduct of all judges, guaranteeing legal certainty.
These summaries can also be binding, exerting normative force over judicial bodies and public administration.
Primarily, we can outline the set as follows:
precedents → case law → case summaries
What is the importance of case law?
In short, Brazil is a vast country with 91 courts. Because of this diversity, the role of jurisprudence is to standardize the understanding of all courts, create legal certainty for the application of the law in specific cases, and assist lawyers in their legal work.
Here's a tip for legal professionals: look for case law in the court where their cases will actually be judged, in order to show the judge the instructions of the corresponding court so that the chances of an effective decision are increased.
Therefore, precedents from other courts should only be used as a last resort, when there is no similar situation in the local court.
How to research case law?
Primarily, choose clear and precise expressions , that is, keywords about the case law you need for the specific case.
Furthermore, many courts already provide tools that can assist in legal research based on databases.
So, let's take a look at some of them!
STF
The Brazilian Supreme Federal Court (STF) has its own Jurisprudence Bulletin which compiles, systematizes, and disseminates relevant legal opinions.
STJ
In addition to a similar informational tool , another mechanism provided by the STJ to assist in judicial searches is the Quick Search , a research tool developed by the STJ's Jurisprudence Secretariat.
Federal Regional Courts
The Federal Justice system has a unified mechanism that allows searches across the five federal courts and superior courts.
This format makes the work of lawyers easier.
Furthermore, it is also possible to research case law online through official websites of some courts or through search engines like Google.
In conclusion, there are also apps and websites that can assist in researching case law.
- On the Jusbrasil website, there is a specific link for the case law research;
- The Digest It also helps in this search;
- And in Legjur It allows for the research of case law according to the different areas of law.
Final provisions on case law
As a source of law , case law is important for filling any gaps that may exist in the application of the law and in the pursuit of legal certainty.
In legal practice, this is an important source of support for the petition and proof that the rights requested by the client follow a history of decisions.
Therefore, it is essential to keep up with case law and also to constantly update the knowledge of legal professionals.