Common Law in relation to the brazilian law

  • Juliana Marteli Fais CESUMAR
  • Leda Maria Messias da Silva CESUMAR

Abstract

The idea that Common Law means a non-written law and jurisprudential right, white Civil Law would be codified and positive right is not mistaken. However, it can be said that the difference between these systems is disappearing ndue to the fact that the American society needs legal support since the number of cases are growing to the point of marking the identification of rights more difficult. At the same time, the Brasilian Law has been considering the jurisprudence in a extraordinary way since it is possible to obtain more dynamism though it. The present discussion is based on the globalization of societies and, as consequence, the reciprocal influences between both law systems. Considering that societies become globalized, the same takes place with the legal practice, in which law and jurisprudence are place on the same side of the scales.

Author Biographies

Juliana Marteli Fais, CESUMAR
Acadêmica do Curso de Direito do CESUMAR, Programa de Iniciação Científica do CESUMAR/PICC
Leda Maria Messias da Silva, CESUMAR
Orientadora e Docente do Curso de Direito do CESUMAR
Published
2007-07-19
Section
Artigos Originais