Most legal scholars assume that there are only two
“families” of legal systems in the world: common law
and civil law. Briefly, common law is applied in all
countries that speak the English language and has
its origination from the “habits of society.” On the
other hand, civil law is applied just about
everywhere else, with a few exceptions, such as in
tribal law areas, jurisdictions that follow Islamic
law, and a few other smaller legal systems. Brazil's
New Code of Civil Procedure was promulgated in 2015
and brought innovations to Brazilian law. Elements
of common law were incorporated into the Brazilian
legal system, particularly that of using precedent.
The application of common law elements in Brazilian
law is being studied by various legal specialists.
This present study explains how common law can be
applied in civil law jurisdictions, similar to the
way it is being adapted and applied in Brazil.