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Call to publish scientific articles that will be received between June 20 and November 20, 2019, referring to:
University Pedagogy: With topics such as public policies in higher education, legislative system and reforms, academic programs, comparative policies, massification processes, quality assurance, legal professions, and others in higher education as a general field, referring to the Chilean and international context .
Didactics of Law: With topics whose centrality is related to processes of innovation, learning, curriculum, innovations, teaching experiences, students and teachers characterization , among others in legal education in the Chilean and international context.
Ethical and citation standards (Chicago-deusto) must be taken care of, in addition to the originality of the research or innovation.
The case method and the brazilian normative precedent system
Authors
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Antonio Jorge Pereira Junior
Universidad de Fortaleza
https://orcid.org/0000-0002-0611-2869
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Phillipe Lopes Silveira
Universidade de Fortaleza
https://orcid.org/0000-0002-4662-4711
Abstract
This article examines the case method for Brazilian legal education before the approach of the Brazilian procedural system to the legal tradition of common law. The scope is to demonstrate how the greater relevance attributed by the Civil Procedure Code of 2015 to the jurisprudence denotes the greater importance of using the case method as a pedagogical tool for the teaching of Law. Specifically, a brief critical analysis of the system of Brazilian normative precedents against the genuine common law system is undertaken. Next, examine the historical evolution of the case method concept, demonstrating that it deals with an active teaching methodology born in opposition to the traditional teaching of law, not watertight to other methodologies and versatile application. Finally, we investigate the application of the method in view of the difficulties that orbit around the study of normative precedents by the Brazilian procedural system, notably the tendency to understand precedents as an abstract legal rule (ante casum) applied syllogistically to the facts, which can revive already outdated positivist dogmas regarding the interpretation and application of law. The methodology involves bibliographical research, with consultations with books, scientific articles and electronic sites specialized in legal matters.
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