The brazilian system of legal precedents in the light of the piece “Measure for measure”: the dangers of blind bet on the virtuosity of the judge

• Autor(a) principal: Medeiros, Lucas Sipioni Furtado de
• Data de Publicação: 2022
• Outros Autores: Neto, Alfredo Copetti
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Anamorphosis (Porto Alegre)
• Texto Completo: https://periodicos.rdl.org.br/anamps/article/view/863
• topic: sistema de precedentes judiciais; Shakespeare; direito e literatura

The article analyzes the Brazilian system of precedents idealized by Daniel Mitidiero and Luiz Guilherme Marinoni in the light of the play Measure for measure, by William Shakespeare, and does so to demonstrate that the authors, by maintaining that the bindingness of the precedent stems solely from the authority and power of the Court that uttered it, regardless of its content, seem to bet too high on the virtuosity of the judges responsible for creating the precedents. This belief, however, as it will be shown from a parallel with the lessons that can be learned from the play, is nothing more than naivety and in no way reflects the historical reality of the functioning of Brazilian courts. In the work, the bibliographic research technique was adopted, conducted under the methodological option of the dialogue between Law and Literature.