A vinculação dos precedentes judiciais como forma de efetivação dos princípios da isonomia, segurança jurídica e razoável duração do processo

Abstract

The system of precedents, typical of legal orders adopting the common law, had been gradually inserted in the Brazilian procedural scope, aiming to standardize questions of law that were brought before the judiciary. During the validity of the Civil Procedure Code of 1973, the power to produce binding precedents was exclusive to the Federal Supreme Court, through the publication of binding precedents and the decisions in concentrated control of constitutionality. With the entry into force of the New Code of Civil Procedure, however, such competence was expanded, so that in addition to the previously mentioned binding precedents, others were created through judgments handed down by the Federal Supreme Court and the Superior Court of Justice, in extraordinary and special repetitive appeals and judgments produced by the courts of second degree in cases of resolution of repetitive demands and assumption of jurisdiction. Considering that the purpose of valuing precedents, giving them binding force is to provide a fairer and more effective judicial protection, it is analyzed whether such novelty, as structured in the New Code of Civil Procedure, effects the principles of isonomy, legal certainty and reasonable duration of the proceedings.