Democracy, Confidence and the System of Judicial Precedents in the New Brazilian Civil Procedure Code

Abstract

The equality at the judicial decision-making time intends to prevent persons under the same context get different answers. It reduces the risk of legal uncertainty. In this context, the aim was to analyze the judicial precedents system provided for in the New Brazilian Civil Procedure Code, through documental and bibliographic research. It was found the system tries to ensure uniformity and predictability in law enforcement, from linking the precedents of higher courts, highlighting overcome assumptions and non-application of precedent, aiming to streamline the judicial assistance , although the formation of those is not sustained in the desirable democratic deliberation.

Keywords

• Precedentes
• Igualdade
• Democracia