THE SYSTEM OF PRECEDENTS IN THE BRAZILIAN LEGAL SYSTEM: AN ANALYSIS IN THE LIGHT OF THE CRIMINAL GUARANTEE

Abstract

This paper addresses the issue of judicial precedents and its application in the criminal procedure in the light of penal guarantee. It begins from the contextualization of precedents, the analysis of the possibility of applying civil procedural rules to criminal proceedings and examine the main developments of the criminal guarantee. Thus, the objective is to verify whether the precedent system will not be used only to solve a quantitative problem in the Judiciary, to the detriment of the defendant's right to have the specifics of his case considered by the judge. For this purpose, the hypothetical deductive approach method will be used to find out if the hypothesis can be confirmed before the variables found.

Keywords

• precedents
• civil procedure
• criminal proceedings
• criminal guarantee
• judgment