JUDICIAL PRECEDENTS AND THEIR INFLUENCE ON THE EVALUATION OF EVIDENCE

Abstract

The article aims to analyze the importance of precedents and their influence on the valuation of evidence, without pretension of exhausting the topic but recognizing its relevance. It employs a deductive method to examine existing doctrinal positions based on general premises leading to a conclusion. The approach includes not only the composition of precedents and methods for identifying the ratio decidendi but also applicable techniques for confrontation, interpretation, and application. It addresses the binding mandatory precedents outlined in Article 927 of the Civil Procedure Code (CPC) and explores their methodological premises interlinked with how precedents can impact the evaluation of evidence in concrete cases. This discussion culminates in how precedents shape the way evidence is valued and their decisive role in evidentiary assessment. Furthermore, it analyzes Theme 1000 of the repetitive appeals from the Superior Court of Justice and the establishment of the thesis regarding the possibility of setting astreinte in actions for anticipatory production of evidence, fundamentally reaching a limitation on the technique of indirect enforcement of daily fines.