ANÁLISE ACERCA DA SEGURANÇA JURÍDICA A PARTIR DA INSTITUIÇÃO, PELO NOVO CÓDIGO DE PROCESSO CIVIL, DE UM SISTEMA DE RESPEITO AOS PRECEDENTES EMITIDOS PELOS TRIBUNAIS SUPERIORES

Abstract

The Brazilian judicial sector faces many challenges, which are related to the lack of speed of procedures and divergences in the award, and finally reached the principles of constitutional guarantee. In this sense, my country's current "Civil Procedure Law" institutionalizes the resolution of incidents of repeated claims and acquisition incidents, which means a major step in the standardization of judicial precedents. The present work will seek to provide an overview of the previous system in the traditions of common law and civil law to understand how this system is accepted and applied in Brazilian legislation. To this end, it will examine some provisions of Civil Procedural Law, analyze the effectiveness of rights in the context of litigation and point out the criticisms and positive points of the application of jurisprudence, that will always be used as parameters for consistency and cohesion with the law. The whole Brazilian system.