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by cassieramen 3628 days ago
Can you explain why that is true? If a superior judges keep striking the order down, doesn't a precedent get set that prevents a lower court judge from issuing a similar ruling again?
2 comments

A precedent upper decision doesn't prevent a lower judge from issuing a similar ruling again until it becomes law. Brazil's legal system is based on the civil law principle, not on common law as in the US and some other countries.

https://en.wikipedia.org/wiki/Civil_law_(legal_system)

https://en.wikipedia.org/wiki/Common_law

kawera explained pretty well.

Brazil do not follow (broadly) the stare decisis system in witch low instance judges must follow precedent upper decision.

In special repetitive cases, the Supreme Court can edit some enunciates called "súmulas vinculantes" that bind every branch of power (except legislative) to follow their statement but that's a exceptional measure.

As of today, there's only 55 "súmulas vinculantes".