The precedents’ system in CPC/2015

the necessity of case law standardization

Abstract

The purpose of this article is to present, from the 2015 Civil Procedure Code, the study of the system of precedents and Brazilian jurisprudence to solve this problem: the use of the precedents system provided for in CPC/2015 contributes to standardization of case law? For the elaboration of this article the deductive approach method, being applied the technique of bibliographical and documentary research, and also, a case study relevant to the question. The need for uniformity, stability and integrity of judgments and the application in practice of the duties of stability, integrity and coherence in the judiciary will be examined. It has been shown that even with a active legal system, it is possible to find in our legal system disparate decisions, without the compliance in the principles of equality, legality and legal security, leaving the citizen incredulous and with a false sense of injustice in our judiciary. Thus, it is necessary to apply the precedent theory, so that Brazilians can have the benefits of predictability and equality and effectiveness in judicial decisions. For the elaboration of this article the deductive approach method, being applied the technique of bibliographical and documentary research, and also, a case study relevant to the question.