A força vinculante dos precedentes judiciais no novo Código de Processo Civil e a consequente aplicação do sistema common law no processo civil brasileiro

• Autor(a) principal: Neto, Olívio Bressan
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5512
• topic: Precedentes judiciais; Common Law; Civil Law

The present monographic work sought to study the binding force conferred on the judicial precedents with the edition of the Code of Civil Procedure of 2015, in order to verify if eventual binding power of the judicial decisions entailed in the application of Common Law system in the Brazilian civil procedural system. For that, the bibliographic method and the exploratory level of research were used. The work is divided into five chapters. In the first one, an introduction was made to the subject, the justification, the description of the problem situation, as well as the methodological procedures adopted. In the second chapter, it was explained about Civil and Common Law institutes, their historical origin and conceptualization. Later, in the third chapter, the details of judicial precedents, their definition, ways of overcoming, binding force were discussed. In the fourth chapter, specific on the subject of this work, analyzed the applicability of the Common Law system in the Brazilian legal system, given the binding force conferred by the CPC published in 2015. In the fifth and last chapter, the conclusion of the research was presented. With the conclusion of the present study, it can be concluded that, despite the binding force of the precedents with the edition of the new CPC, this is not enough to change the Brazilian legal regime, although some writers emphasize, albeit in a non-major way, that Brazil is increasingly approaching Common Law.