CONSIDERATIONS ON THE SYSTEM OF JUDICIAL PRECEDENTS OF THE 2015 CODE OF CIVIL PROCEDURE

Abstract

The present article aims to analyze the application of precedents as one of the forms of standardization of jurisprudence, which enables both effectiveness and, especially, legal certainty. Articles 926 to 928 of the new Code of Civil Procedure were essential and necessary to reduce the great demand for lawsuits in the Courts and the diversity of understandings for similar cases, which generated uncertainty and ineffectiveness of the judiciary, since the diversity of understandings about the same case cost a lot of time, thus postponing the promotion of justice for an uncertain future. The system of precedents foreseen in the 2015 Code of Civil Procedure is effective in promoting the certainty of the Law and isonomy.

Keywords

• precedents
• legal security
• jurisprudential uniformity
• binding effect
• isonomy