Judicial judgment with administrative decision characteristics

Criticisms of judicial activism and the secondary intention of precedents

Abstract

This article deals in general the introduction of the previous process in the Brazilian system. Distinct families the two systems which are known today, show it incompatible to coexist peacefully together, regardless of the doctrine and massively judiciary understand massively by the simultaneous application of both systems. Point also makes care is the systematic analysis of the secondary intention of introducing the Common Law system in Brazilian law finally remain demonstrated that supposedly transitional time systems, is merely an internal administrative problem of the courts to resolve the decrease in number of demands, view the major problem that today has about their own finances and in addition to its internal problems, those that hinder you good adjudication arising from the crisis of representation and the misappropriation of funds by the executive, which limits public policy and induces the judiciary in taking bad decisions sometimes.