Chapter 12 offers an in-depth account of the requirements of res judicata on issue determination (or issue preclusion) according to Brazilian law. It points out what kind of issues, once determined, can be subject to res judicata and the need for adequate opportunity to litigate it and for full evidence-based judgment on it. It also explains the procedural requirement of absolute jurisdiction of the court deciding the issue for it to become res judicata and the connections that it can have with judicial review of legislation and new precedents.

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Requirements for Res Judicata on Issue Determination

  • Luiz Guilherme Marinoni

摘要

Chapter 12 offers an in-depth account of the requirements of res judicata on issue determination (or issue preclusion) according to Brazilian law. It points out what kind of issues, once determined, can be subject to res judicata and the need for adequate opportunity to litigate it and for full evidence-based judgment on it. It also explains the procedural requirement of absolute jurisdiction of the court deciding the issue for it to become res judicata and the connections that it can have with judicial review of legislation and new precedents.