THE NEED FOR UNIFORMITY IN JUDICIAL DECISIONS IN BRAZIL
DOI:
https://doi.org/10.51891/rease.v11i11.22259Keywords:
Binding precedentes. Legal certainty. Jurisprudential uniformity. Rule of Law.Abstract
This article examines the need for uniformity in judicial decisions in Brazil as a condition for legal certainty, equality, and predictability. It starts from the observation of the "judicial lottery" and demonstrates that the Brazilian Code of Civil Procedure of 2015 structured a microsystem of mandatory precedents (articles 926 and 927), reinforced by decision-making and management techniques such as IRDR, IAC, repetitive appeals, general repercussion, summaries (including binding ones), and complaints. It analyzes the role of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ) in the formation and dissemination of legal principles, highlighting the balance between jurisprudential stability and the examination of the specific case. It argues that the effectiveness of the system depends both on norms and on a change in legal culture, with decisions based on the ratio decidendi and consistent observance of precedents. It concludes that consolidating uniformity strengthens the rule of law, increases social trust, and reduces decisional asymmetries, without hindering judicial activity.
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Atribuição CC BY