Segurança jurídica e (im)previsibilidade do direito

Abstract

From the multiplication of the number of processes and the quest for rapidity in deciding, the judges came to reverse the hermeneutical process to mold the law to his/her subjective sense, starting no more from the legal text, but from his/her own sense of justice. Thus, we have a turn to subjectivity in detriment of legal certainty and predictability of decisions. In courts practice, lawyers are always faced with the question about the possibility of reducing subjectivity in interpretation. The present work aims to conduct an investigative analysis of the relationship between legal certainty and predictability of judicial decisions, especially given the diversity of judgments and the role to be played by jurisprudence. Therefore, in order to solve this problem, we contend that only with careful attention in defining the meaning, the nature and evolution of legal certainty, the process may be able to provide respect to predictability, allowing the enforcement of fundamental rights.