O sistema de precedentes judiciais no novo CPC e sua contribuição para uma efetiva segurança jurídica

Abstract

This work tends to analise the problem of the legal certainty from the institution, by the New Civil Procedure Code, of a respect system to the judicial pronouncements by the superior courts. Knowing that the binding system is more likely in the common law tradition, and that in Brazil the tradition is the civil law, the work, inicially describes the both legal systems. After that, there is the study about the north american binding precedents system in order to give a prospective analysis wich can help in the construction of brazilian system. Foward, there is the exposition about the system instituted by the new law and the differentiation of the institutes, and what happens next it is the investigation about the challenges that may occcur in the practice of the corts. The studymade by descriptive analysis concludes for the existence of a system in construction that may, indeed, contribute for an effective legal certainty.