A teoria dos precedentes judiciais brasileiros sob a ótica da segurança jurídica e da efetividade processual

Abstract

This dissertation aims to analyze the theory of judicial precedents Brazilians in the light of constitutional principles with emphasis on legal security and procedural effectiveness. To this end, it is essential to analyze the formation of the judicial precedent in the common law system, its origin and the adequacy of parts of this system in our legal system that uses the civil law system, creating a mixed system of application of precedents very characteristic in Brazil. Given this system mixed precedent, which is intended to improve and develop in our order, it will be necessary to face doctrinal and jurisprudential conflicts over their constitutionality, legality and legitimacy. The hypothetical-deductive method will be used to face the divergences raised, being still necessary the use of historical, sociological notes and use of systemic interpretation, given the analysis of customary and positive systems. At the end, after the stages objectified in the present work, we will see if the legislator's intention was achieved, when thinking about a mixed system of binding precedent, which values ​​legal certainty, procedural effectiveness, uniqueness and rationality of law.