The writ of injuction under the optics of judicial precedents in the Brazilian law

Abstract:

The purpose of this article is to analyze the compatibility of the application, in the injunction procedure, recently regulated by Federal Law 13.300, of June 23, 2016, of the judgment techniques, called the Incident of Assumption of Competence (IAC) and the Incident of Resolution of Repetitive Claims (IRDR), inserted by the Code of Civil Procedure in force, with a view to confer isonomy, predictability, uniformity and efficiency in the decisions made in this constitutional remedy, which seeks to fill the normative gap impeding the full exercise of Right, freedom or constitutional prerogative, arising from the omission of the competent regulatory body, based on the valuation of precedents in Brazilian law.


Reference:
ALVES, Evelin Teixeira de Souza. O mandado de injunção sob a ótica da valorização dos precedentes no direito brasileiro. Revista Forense, v.425, p.53-73, jan.-jun., 2017.

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