A força vinculante dos precedentes no CPC/2015: uma análise acerca da sua (in) constitucionalidade

Abstract

Among the changes introduced by the new Code of Civil Procedure (CPC / 2015), which came into force in 2016, we highlight the creation of a new system of binding precedents, reflecting a contemporary trend of approximation between Common Law and Civil Law systems. The undeniable valuation of precedents, evidenced mainly in Articles 489, 926, 927 of the CPC, is justified as a measure capable of overcoming a framework of uncertainty and insecurity arising from conflicting decisions, materializing fundamental rights such as legal certainty and isonomy. However, for some, under arguments materially accepted by the Constitution, the new precedent system introduced by CPC / 2015 was built without specific support in the Federal Constitution, when legislating on constitutional matter, which is why part of the doctrine diverges about its constitutionality . In the face of the insurrection, this monograph aims to analyze the main criticisms that the system of binding precedents instituted by the CPC / 2015 suffers, through this, by the theory of Judicial Precedents and by the study of the Control of Constitutionality, in order to finally position ourselves on of the problem.