THE NATURE OF THE CREATION ACTIVITIES LISTED IN ARTICLE 927 OF THE BRAZILIAN CIVIL PROCEDURE CODE OF 2015

Abstract

The present essay examines the nature of the creation activities contained in the decisions listed in article 927 of the Brazilian Civil Procedure Code of 2015 (BCPC/15) and its possible consequences for the Brazilian constitutional jurisdiction, as well as its central function seeking to separate between traditional jurisdiction (centered in the application and only secondarily in the creation of law) and the activities listed in article 927 of the BCPC/15 (centered in the creation of law).

Keywords

• precedent
• collateral estoppel
• legal certainty
• new civil procedure rules
• jurisdiction