Precedentes obrigatórios : análise da vinculação dos fatos e do direito e a importância do tripé do bom processo, contido no respeito ao contraditório (art. 10, CPC), produção da prova e respeito a necessária fundamentação das decisões (art. 489, § 1º, CPC)

Abstract

The elaborated study was elaborated through an exploratory bibliographical research with a qualitative approach. And, it objected to the necessity of a relation between "the facts and the Right", which can be seen on the tripod of articles 10, article 489, §1 and art. 926 and 927, and the link with the precedents. As a result, Article 489, paragraph 1, item IV, of the NCPC, provides grounds for a decision to provide more general arguments, not listed in the arguments raised in the petition, but covering procedural demand. Therefore, it is of great importance the procedural speed, especially in its section IV, since, the judge, in rebutting all the allegations invoked by the prosecutor, can no longer argue in a generalized way, will spend more time, besides the fact that not always the reasons given by the dative are of fundamental importance for the case, and may be devoid of analysis, since the decision can treat them in a more comprehensive way, without listing them.