JUDICIAL PRECEDENTS IN BRAZILIAN LAW: THE INCIDENT OF RESOLUTION OF REPETITIVE DEMANDS

Abstract

This paper aims to analyze the introduction of the precedent system into Brazilian law, derived from the Common Law system in the 2015 Code of Civil Procedure (CPC), in particular, the Incident for Resolution of Repetitive Demands (IRDR), and how this system will interact with national law, whose origins date back to the traditional Civil Law system of Romano-Germanic tradition. The analysis examines the origin of the systems and how, over the years, they have integrated to adapt to the evolution of societies in pursuit of the effective delivery of justice and speed in times of high judicialization of social conflicts. In this scenario, the IRDR emerged in the procedural reform of the CPC as a tool to resolve mass demands containing the same legal issues brought by a significant number of cases, in order to guarantee equality, procedural speed, and legal certainty, thus reinforcing the solidity of the Brazilian justice system in the face of modern challenges.