Distinção e superação dos precedentes judiciais no novo Código de Processo Civil

Abstract

The present work seeks to show one of the great changes brought about by the new Code of Civil Procedure that came into force in the year 2015, the judicial precedents. It will tell about its emergence until its arrival in the present day and its concept. It will also look at how judicial decisions handed down by magistrates should be based on the precedents and precedents set forth by the parties. It will make a detailed analysis of paragraph 1 of art. The CPC, emphasizing its clause VI, which establishes two essential techniques for the dynamism of precedents, are distinction and overruling, as well as the techniques of application and confrontation that are fundamental for the functioning and coherence of the legal system, which was already lacking in the field of legal certainty. Thus, we seek to contribute to the understanding and use of these techniques to reduce the losses caused in the past.