Vinculação ou persuasão dos precedentes do artigo 927 do Código de Processo Civil de 2015? : uma análise sistemática a partir do Instituto da Reclamação

Abstract

The Code of Civil Procedure of 2015, instituted by the Law nº 13.105/2015, inserted a new procedural system to the legal order. That included a new base of principiology among wich a system of precedents that are tipically Brazilian. The search for predictability, isonomy, and legal certainty carried the legislator to amplify the strenght of the precedents, with the specific prediction of judicial pronouncement species that must be observed by Judges and Courts when applying the law to the concrete case. In this system has widened the assumptions of the constitutional claim institute, that reveals the value of this instrument as a way of controlling and enforcing of judicial precedents. The prominent role that the claim acquires in the CPC/2015 may be the answer for the great doubt that is stunning the legal community since its creation: Wich are the really binding precedents to Judges and Courts all over the Country.