This work aims analyze the binding precedents in the from the Brazilian Civil Procedure Code
– CPC/2015, especially the precedents of the Supreme Court (STF). The formal linkage of the
precedents is investigated, based on their provision in the Code of Civil Procedure, seeking to
understand how this formal provision can reveal the defense of the linkage only by a criterion
of authority of the Court that issued the decision. This criterion of authority, although important,
should not be analyzed in isolation, under penalty of resuming arguments that refer to legal
empiricism, a theoretical current that offers subsidies for decisions devoid of legal legal
foundations. Furthermore, considering the reading of the process necessary from a
constitutional model, the concern with the participation of subjects should be given special
attention when analyzing the precedents of the Supreme Court. In the work, precedents are
considered as principles that operate from their gravitational force, which leads to their gradual
application, according to formal but also material criteria, so that the Court's authority is only
one of them and not the only one. The deliberative practice of the STF is a determining point
in analyzing the gradual strength of precedents.
|
