Reducing the costs

the judicial precedents as a positive externality of the litigation

Abstract

The precedent system brought by the new Civil Procedural Code effectively inaugurates a special moment at the Brazilian judicial field, which has to be in the best possible way studied and known by the procedural science and, for such goal, must use the best tools at its disposal. The purpose of this work is to employ the apparatus of the law and economics, especially on the externalities concerns, linking them with the system theory, so to verify the influence that this reform will have on the social and economic systems.