Jurisprudence, laws, customs, doctrines, and analogy are essential components of the main sources of law, serving to uphold order and legal certainty in society.
Society evolves over time, leading to changes in customs and beliefs. As a result, what is considered acceptable or prohibited may vary depending on the context. Therefore, it is important for the law to adapt to these societal changes to remain relevant.
The laws are formal and slow to be updated, so jurists rely on customs and analogy in their decisions to create a new interpretation, known as jurisprudence, through strong arguments.
As a student, lawyer, or legal advisor, you are likely familiar with the concept of jurisprudence. But are you aware of its benefits for your academic studies and how to conduct research efficiently for your cases? Keep reading to discover ways to enhance the speed and effectiveness of your jurisprudence searches.
What does jurisprudence mean?
Jurisprudence comprises court decisions that establish certain behaviors as mandatory or forbidden. It is important to note that jurisprudence is formed by consistent and repeated decisions, rather than isolated ones.
Jurisprudence aims to standardize court decisions for increased legal certainty in law enforcement and society.
It is important to address legal gaps to improve decision-making consistency and predictability, achieved by analyzing past cases and reaching a consensus on similar situations.
How does the study of law benefit from jurisprudence?
Legal studies have various foundations, particularly in law and doctrine, requiring extensive research, effort, and integration of multiple components for an argument to gain legal recognition.
Doctrine is considered the primary source of legal studies as it involves jurists presenting theses, analyzing laws, studying their societal application, reflecting on details, and making them available to students.
The study of law is made easier by jurisprudence, which compiles various data, arguments, laws, and doctrines that have been discussed by multiple jurists and concluded in a consistent ruling.
In the field of law, there is no longer any disagreement as all arguments have been thoroughly examined by legal experts and practitioners. This demonstrates the law’s effectiveness through continuous analysis and decisions.
How can one access and conduct research on case law?
Each court may have a different interpretation of the law, leading to varying judgments. It is important to consult the websites of specific courts for accurate information.
It can be challenging as each website operates uniquely, and various search algorithms and keywords require the researcher to search for items one by one based on their specific search criteria.
Relying on a specialized legal research platform such as the Online Court Magazine (RTO) is crucial for streamlining and improving your search process. It consolidates all Brazilian courts and regions, providing reliable and current content for more precise queries.
Explore the Online Court Magazine (RTO).
The Revista dos Tribunais Online (RTO) is Thomson Reuters’ legal research tool that provides unique content from Editora Revista dos Tribunais, a renowned legal publisher in Brazil with a history of over a century producing high-quality legal material authored by top jurists.
The platform offers current and faster jurisprudence, with a smart and effective search system. It includes recent judges’ publications, updated standards, journals, news, and works by top jurists in Brazil. Accessible on any electronic device, the 100% online platform ensures agility and efficiency in legal research. Find out more about RTO here.
