| Popis: |
The legal systems deriving from the civil law system, law is used as the primary source of law, based on legal positivism, including the Brazilian legal system, with a tradition dating back to antiquity and with strong influence of French law. In contrast, the common law system, also known as the English system, to designate common law in England, by virtue of local customs, is a judge-made-law. Based on a historical-bibliographic research, the present article aims to present the two systems above and the question of judicial precedent in the Brazilian legal system for the purpose of demonstrating the distinction between the two systems. |
