TITLE:
An Introduction to the Introduction of a System of Judicial Precedents in Brazil: Stare Decisis Brasiliensis
AUTHORS:
Sergio Torres Teixeira, Fabio Gabriel Breitenbach, Lorena Guedes Duarte
KEYWORDS:
Civil Procedure, Precedent System, Supreme Courts
JOURNAL NAME:
Beijing Law Review,
Vol.16 No.1,
March
12,
2025
ABSTRACT: From the perspective of a new paradigm—Brazilian Civil Procedure Code of 2015—our legal system needs the maturing of a new system in the Brazilian procedural model. Thus, it has been observed that the duty to neutralize the uncertainties and imprecisions of the legislation to better adapt them to specific cases was directed to judges. However, the judicial activity of producing law has not followed the aspirations of the judicial precedents system, so that the doctrine began to perform a relevant function in directing the work of judges. The present study is developed by the deductive method of approach, associated with the method of procedure in qualitative research, embodied in the technique of direct documentation with documentary research in doctrinal literature, jurisprudence and contemporary procedural legislation in Brazil. This work, thus, aims to analyze, focused on the performance of the Brazilian Higher Courts - Supremo Tribunal Federal (Supreme Court - STF) and Superior Tribunal de Justiça (Superior Court of Justice - STJ), which are the necessary guidelines to enable the scope of maturity in the Brazilian judicial precedents system, hereafter named stare decisis brasiliensis.