The case method and the brazilian normative precedent system

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precedents as an abstract legal rule (ante casum) applied syllogistically to the facts, which can revive already outdated positivist dogmas regarding the interpretation and application of law.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.