Environmental – Courts: Higher Court approves new binding precedent

Posted on: Oct 26, 2018

The Brazilian Superior Court of Justice (STJ) approved on October 24, 2018 a new binding precedent, No. 618, providing that: “The inversion of the burden of proof is applicable to environmental damage lawsuits”.

Binding precedents represent Court’s guidelines on a certain subject, based on previous decisions, aiming at providing legal certainty and stability on Court’s understanding on a certain matter.

The enforceability of a binding precedent to a concrete case requires previous analysis of the limits of the legal guideline issued by a Court, considering the context of its precedents, and particularities of the concrete case.