STARE DECISIS IN BRAZILIAN PROCEDURAL CULTURE: THINKING THE IMPORTANCE OF THE BINDING STRENGTH OF THE PRECEDENT IN THE LIGHT OF THE NEW CPC

The objective of this work is to analyze the Brazilian jurisdictional system based on the theory of precedents through a historical and evolutionary understanding of the binding effectiveness in the country's Judiciary. Aspects such as stare decisis are listed. The country is in a moment of transformation of concepts from civil law tradition to a system understood as hybrid which mixes common law tradition as a complement in order to guarantee jurisdictional principles such as isonomy among the jurisdictions. The new Code of Civil Procedure is a fundamental factor consolidating this evolution in the Judiciary. The relationship of precedents in civil law traditions has demonstrated the importance of the stare decisis strengthening the binding of precedents as well as bringing an obligation to the judge to justify the non-use of a previous decision in a similar case.