Os precedentes judiciais como forma de garantir uma maior segurança jurídica no Brasil

Abstract

Due to the fact that Society is in constant change, it is increasingly necessary that the legal commands are adapted to the specific case and the time in wich we live. Furthemore, with the tendency towards the judicialization of conflicts, it is noted that the Brazilian judiciary has been increasingly approaching the Anglo-Saxon system “common law”, wich, unlike the system that Brazil is immersed – “civil law” – resolves conflicts based on precedents, wich are formed through concrete cases, and thus, for analogous case, there will be a precedent to be applied. The precedents are judicial decisions that serve as a basis for future similar cases generating for society a greater predictability of resolving demands, and with that, greater legal security, according to the precedent theory, incorporated into the Civil Procedure Code of 2015, wich introduced commandments that bring Brazil closer to the modus operandi of the common law, thus characterizing it in a hybrid system. The focus of the article, wich consists in a bibliographic research using the hypothetical-deducitve method and historial and comparative study, is to analyze the theory of judicial precedents from its origin to the present. In addition, it also seeks to demonstrate the elements that constitute the precedent, their types, the way in which they are established in Brazil and their approximation with the principles determined in the Federal Constitution. The theory of precedents is a current method in our Civil Procedure Code, having extreme relevance in the study of such theme, especially as those can result in greater legal security.