A teoria dos precedentes no código de processo civil/2015: instrumentalização e reflexos na segurança jurídica

Abstract

Brazil is a country that belong to the Civil-Law system, meaning that it has its legal roots based in this school of Law, which is characterized using law as its primary source of its legal system. However, this feature of the Brazilian Legal Order has, for some time, beginning to approach the Common-Law system, in so far as it uses, even if it is on a secondary basis, rules that belong to the Anglo-Saxon system. The used of the precedents is something that had been entering Brazil, little by little. The application of dominant jurisprudence as the foundation for decisions is an example of this slow approach. With the advent of CPC/2015, what could be considered as persuasive precedent is now required by law. The new Code of Civil Procedure aims to institute a system of mandatory precedents in the Brazilian Civil Procedural Law with the intention of offering more legal security to the system, by means of instruments which promote its unity, making it more stable, whole and coherent, thus providing the court with due and desired security. This academic paper aims to analyze the judicial precedents theory and its outfitting in the CPC/2015, as well as its influence in the juridical security, trying to understand how they relate. For this reason, a bibliographic research was made using as sources books and articles on the theme. The main theme of this research is highly controversial, for the implementing of a system of mandatory precedents in Brazil is target of critics, such as the CPC/2015 did not implement a genuine precedents system in Brazil. The Code is new, its validity, recent, therefore, many of the questions that rise around the theme can only be answered with time.