PRECEDENTS IN CPC/2015: CONTRIBUTIONS AND CHALLENGES

Abstract

The Justice of the Supreme Court, Rosa Weber, points out that analyzing the system of judicial precedents is a rule of law commitment. This responsibility is based on the application of rules that promote legal certainty, ensure predictability in judicial decisions and guarantee equal treatment. In the Brazilian legal context, the adoption of precedents as a source of law and a guide for the application of rules has been a significant development. The precedents system, which originated in the common law legal system, came into the Brazilian legal system with Código de Processo Civil (CPC) reform in 2015. Therefore, the theme of this work proposes a study on the effectiveness of precedents in the Brazilian legal system, exploring both their contributions and the challenges that arise with their application.