THEORY OF PRECEDENTS AND ITS INCOMPATIBILITY WITH THE DELIBERATIVE SYSTEM OF THE HIGHER COURTS

Abstract

This article is the result of a discussion that has been taking account of judiciary, because how is it possible for each court to give a different judgment on identical matters? The answer is given to the fact that in Brazil is not intended to analyze the methods of the precedents, which are so well used in the common law system. What it proposes, in fact, is to demonstrate that the current legislative reforms are insufficient to generate a secure and coherent Judicial Power. It also seeks to demonstrate the impossibility of applying the theory of precedents in the current deliberative system of higher courts. The method used is based in bibliographic review, case studies and jurisprudence.

Keywords

• civil law, common law, jurisprudência, precedentes, sistemas