Date: 2019
Type: Working Paper
The influence of CJEU judgments on Brazilian courts
Working Paper, EUI LAW, 2019/02
VIOLA DE AZEVEDO CUNHA, Mario, DA COSTA LEITE BORGES, Danielle, The influence of CJEU judgments on Brazilian courts, EUI LAW, 2019/02 - https://hdl.handle.net/1814/63601
Retrieved from Cadmus, EUI Research Repository
This paper aims at discussing the influence of the Court of Justice of the European Union (CJEU) case-law on Brazilian jurisprudence or legislation. First, it presents an overview of the Brazilian legal system as well as of the functioning of its Judiciary. Then the paper analyses the dialogue between Brazilian courts, mainly the Supreme Court, with supranational and foreign courts, indicating and discussing some cases and legislation where foreign jurisprudence is mentioned by Brazilian courts or laws. The paper concludes that there is no tradition in the Brazilian Judiciary of citing international and foreign jurisprudence. Moreover, although so far there has not been much influence of CJEU case-law on Brazilian jurisprudence or legislation, there is a great potential for CJEU influence on Brazilian Supreme and Superior courts jurisprudence as well as on the Brazilian national parliament decision-making process in the coming years, especially on issues relating to the Information Society.
Cadmus permanent link: https://hdl.handle.net/1814/63601
ISSN: 1725-6739
Series/Number: EUI LAW; 2019/02
Keyword(s): CJEU case-law Brazilian courts Influence Foreign jurisprudence
