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20世纪后半叶,巴西的军人独裁政府向文官民主政府过渡。为了巩固民主制度和促进经济发展,在国内和国际的压力下,巴西展开了司法改革。面对各级法院特别是联邦最高法院超负荷的案件审理量、过度的上诉案件以及法官对法律解释的随意性,巴西在指导性判例制度的基础上,建立了有法律约束力判例制度。在巴西法律史上,存在着不断变化发展的不具有法律约束力的判例制度,这种制度在某种程度上是有法律约束力判例制度的渊源。巴西联邦最高法院是批准、修改、废止有法律约束力判例的唯一主体,但只有涉及宪法性问题、并就该问题多次作出过判决但依然存在争议的判例才可以经批准成为有法律约束力判例。共有11个主体有资格建议联邦最高法院批准、修改、废止有法律约束力判例。有法律约束力判例经批准并公布后,其效力及于全部行政机关和司法机关。有法律约束力判例制度的实施达到了该制度的设计目标,获得良好的效果,但是在理论层面上却遇到重重困境。
In the second half of the 20th century, the military dictatorship in Brazil made a transition to a civil government. In order to consolidate the democratic system and promote economic development, Brazil has launched judicial reforms under domestic and international pressure. In the face of overloaded cases, excessive appeals and judges’ arbitrary interpretation of the law at all levels of courts, especially in the federal Supreme Court, Brazil established a legally binding case law system on the basis of the guiding precedent system. In the history of Brazilian law, there is a non-legally binding jurisprudence system that is evolving and evolving to some extent as the source of legally binding jurisprudence. The Brazilian Federal Supreme Court is the only body that approves, revises and abolishes legally binding jurisprudence, but only jurisprudence that involves constitutional issues and has repeatedly rendered a decision on the issue but is still controversial can be approved as legally binding Case law. A total of 11 subjects are eligible to recommend that the Federal Supreme Court approve, amend, and repeal legally binding jurisprudence. After the legally binding case has been approved and promulgated, its effectiveness will apply to all administrative agencies and the judiciary. The implementation of the legally binding case law system has met the design goals of the system and achieved good results. However, at the theoretical level, it has encountered numerous difficulties.