ESTEVAM, M. R.; ESTEVAM, Matias da Rocha.
Résumé:
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.
