TITLE:
The Application of Judicial Precedents as a Way to Reduce Brazilians Tax Lawsuits
AUTHORS:
Renato Lopes Becho
KEYWORDS:
Comparative Law, Judicial Precedent in Brazil, Civil Law, Common Law, Tax Enforcement
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.3,
September
17,
2020
ABSTRACT: This article aims to analyze the thesis that the
application of the doctrine of precedent, originated in England, could reduce
judicial litigation in Brazil, mainly in tax law procedures, such as tax
enforcement. Brazil Law applies Civil Law, which means that the law is based on
the principle of legality. However, the Brazilian Judiciary System is costly and has lower effectiveness. To deal with these problems, the National
Congress has changed the law, providing mechanisms from the Common Law, mainly
by introducing the binding precedents system. Respect for precedent is a
requirement of the Brazilian Civil Procedure Code of 2015. However, the theory
of precedent was developed in a society culturally very different from the
Brazilian, which leads to the need for comparisons such as the exposed here
that will justify the differences facing the source procedure that will
undoubtedly occur. However, there are doubts if the transformation of the legal
system will reduce the impressive figures of judicial cases. Nevertheless, the
conclusion is definite. The precedent theory
involves techniques that can potentially reduce tax lawsuits, representing a
significant number of all legal disputes in Brazil. This conclusion was reached
through data analysis, some doctrinal sources, and, mainly, by the author’s
reflections. This mix of scientific method verifies the hypothesis: describes
and analyses the system and presents a definite conclusion.