Análise jurídica acerca do sistema de precedentes instituído pelo Código de Processo Civil de 2015

Abstract

This work is a reflection on the main aspects related to the introduction of the system of precedents in the Brazilian legal system, its implications and legal applications, critics to the institute and praises. The aim of this work is to differentiate the precedent system from common law and civil law, as well as to conceptualize the institute brought to the Brazilian legal order, better known as "precedent to Brazilian", since it differs from all other precedent types of legal systems around the world. We will identify and analyze the position of the doctrinators on the subject, demonstrate the positioning of the legislation and explain about the constitutional guarantee revived by the precedent, legal security. This study relies on the relevant legislation, as well as, especially, on doctrines, since it is a relatively new topic, reaffirmed and reorganized with the advent of the Civil Procedure Code of 2015, which came into force in March 2016.