Precedetes judiciais: a vinculação da norma jurídica criada na Ratio decidendi e a sua resistência na tradição jurídica brasileira do Civil Law.

Abstract

Currently, there is a high number of cases considered "repeated" in the Brazilian jurisdiction, as they fall under the same ratio decidendi. These lawsuits last for years in order for there to be a final decision given by the Judiciary, which, theoretically, would need to be identical for all cases that fall under the same conjuncture because the law must be similar for the subjects who are in the same factual and legal situation. However, in the scope of the jurisdictional provision, there is a lack of uniformity in decisionmaking, due to the decisions made by the judges presenting numerous understandings and interpretations regarding a similar matter, highlighting the lack of stability in the system and thus generating legal uncertainty. Thus, it turns out that the degree of unpredictability of judicial decisions has undergone an exponential growth and increasingly surprises professionals in the area with the result of the demands. That said, the present monograph aims to address the system of binding precedents adopted by the Code of Civil Procedure of 2015 and will analyze the resistance of magistrates to obey the ratio decidendi that makes up these precedents, due to Brazil being affiliated to Civil Law. situation, it will be demonstrated through the analysis of several aspects related to the theme as the binding of judicial precedents would work in order to guarantee a greater coherence and consequently a greater legal security to the system, acting with ways to provide a greater procedural speed. For the preparation of this study, the deductive approach method was used. As a method of procedure, the comparative method was handled and as a research technique indirect documentation will be carried out through bibliographic research, as the thought is built through the analysis of books, magazines and scientific articles published with an approach on the subject, with the research classified as qualitative.