O precedente judicial no novo Código de Processo Civil: uma análise à luz do estado democrático de direito

Abstract

In March 2015 the new Civil Procedure Code (CPC) was sanctioned by President Dilma Rousseff, it was the first elaborate under the aegis of the democratic rule of law in Brazil. The current Civil Procedure Code is from 1975, and a long time ago it not match the expectations of society and contemporary jurisdiction, therefore, in many of its provisions turns out to violate some basic constitutional principles of the Brazilian Democratic State and, before this context, a new CPC became urgent. Based on the legal system of common law, the Brazilian legislators drawing up the new CPC importing the judicial precedent institute. This legislator's innovation was the subject of some criticism this year, and from this came the idea for this study. The main objectives, which will develop along this monograph will be to seek to know why the insertion of the theory of judicial precedents in the new CPC, explain the articles 926, 927 and 928, major new code provisions addressing the issue , to analyze the positive and negative aspects of the adoption of this theory in Brazilian law relating to the constitutional principles of legal certainty, equality, speed and independence of the judge.