AGRG no RESP 827.143/DF: Precedente ou decisão judicial?

Authors

  • Marilia Pedroso Xavier
  • William Soares Pugliese

Keywords:

precedent, judicial decision, reasoning.

Abstract

From the analysis of the judgment on the Special Appeal no. 827.143/DF, which applied the literal text of art. 218, Paragraph 1, of Statute no. 8112/1990, to cases where there is a concurrence between two or more beneficiaries to death pension, this article seeks to question the possibility to consider as a precedent the judicial decision that deliberately fails to consider the arguments raised by the parties. For this, it is argued that the definition of a precedent depends on the requirements of the potentiality of the decision to establish itself as a paradigm and the confrontation of all arguments related to the case by the court. At the end, it is observed that the treatment of a decision with mere potential of application as a precedent can be extremely harmful to the legal system.

Published

2017-07-15

How to Cite

Xavier, M. P., & Pugliese, W. S. (2017). AGRG no RESP 827.143/DF: Precedente ou decisão judicial?. Revista Brasileira De Direito Civil, 1(01). Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/136