My name is Ferdinando. I´m a Brazilian Judge and I´m trying to do a comparison between US and Brazilian´s judicial system, focused in what you call "stare decisis".
First, I have to say that a significant part of the Brazilian´s constitutional law is very similar to what you have in the US, simply because it was directly inspired by it.
That said, I jump to my question.
Here in Brazil any decision made by a judge has this structure:
1.Summary -“relatório” = the judge tells the story of the demand since it´s beginning.
Ex: Joe crashed Ann´s car into a wall.
2. Groundings - “fundamentação” = the judge states the legal basis for the decision he´s about to announce.
Ex: There is law that says that any damage must be paid by the one who caused it.
3. Disposition - “Dispositivo” = the most important part of a decision, since it´s the only one with bindding effects.
Ex: Hence, I condemn Joe to pay $400,00 to Ann, in seven days, otherwise this value will be increased by $50,00 a day, until it reaches $2000,00.
Ok. That´s how we do it here. But over there things are not very clear to me.
1.What is the structure?
2. What part of the decision binds other judges? (lets assume the decision is issued by a supreme court)
3. What is the “holding”? Is it the same as the “Dispositivo”?
I thank you for any help.