THE (IN) CONSTITUTIONALITY OF ARTICLE 927 OF THE CIVIL PROCEDURE CODE IN LIGHT OF THE LIMIT ON THE CREATION OF BINDING PRECEDENTS

Abstract

The New Civil Procedure Code brought several innovations to the legal universe, including the notable binding precedents, which strongly aroused the interest of Brazilian jurists who disagree about their constitutionality. Therefore, the core of this article is to address the figure of precedents in its historical and doctrinal aspect, comparing the two systems of common law and civil law, discussing the concepts of the institutes that support precedents, as well as addressing the positions that defend the unconstitutionality of the precedents proposed in art. 927 of the CPC, especially in its items III to V due to its provision only in ordinary law and absence of constitutional authorization. The methodology used for the development of the research was the deductive method, based on bibliographic and documentary research.