Banca de DEFESA: Ana Karenina Silva Ramalho Duarte

MANDATORY JUDICIAL PRECEDENTS: A SOURCE OF LAW BEYOND THE PROCESS?

Precedents; Source of Law; Legal Secutiry; Equality; United Nations 2030 Agenda.

The 2015 Civil Procedure Code represents a new procedural regulatory benchmark, which grants an unprecedented strength to the use of court cases, in a broad and systematic means, promoting the effective integrity of the Law. As of that mark, it is possible to observe the existence of a system of judicial precedents adapted to our culture, in which the mandatory judicial precedent is put into evidence. The incorporation of those precedents must impact the figure of legal reasoning and teaching, as developed in Brazil until now. By promoting the comprehensibility and density of the legal order, the mandatory judicial precedent is presented with the status of a primary source of law and its interaction with the law itself gains relevance. In addition, it undertakes the mission – that was previously exclusive of the law – of promoting legal security and equality before the legal norm. Facing that scenario, the mandatory judicial precedent is identified as an efficient instrument to the materialization of the United Nations 2030 Agenda. As a result, the use of the mandatory judicial precedent beyond the process dialogues with the research project: “The universalization of access to justice through the democratic practice of participation and expression of the other's perspective“, once it focuses on the full access to justice.