Name: REICHIELE VANESSA VERVLOET DE CARVALHO MALANCHINI
Publication date: 19/06/2020
Advisor:
Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Advisor * |
| RICARDO GUEIROS BERNARDES DIAS | Internal Examiner * |
Summary: The validity of the Civil Procedure Code of 2015 (13.105 / 2015) reorders the way of operating Brazilian civil procedural law, bringing a transformation to the procedural system, namely: institution of a model of formally binding normative judicial precedents, being this is the elementary point of the present work. In effect, article 927 of CPC / 2015 lists the statements and decisions that constitute judicial provisions of mandatory and binding observance to all jurisdictional bodies in the country. If the binding force of a precedent occurs through its reasoning, since the motivation of each judicial decision contains a speech aimed at the specific case under examination and a speech for the legal system with the claim of social stability. In this context, this work aims to assess, through the idea of overlapping consensus formulated by John Rawls, whether the judicial precedents fulfill the claim to social stability intended by the Code of Civil Procedure. In this sense, the object of the investigation is to assess the possibility of rational control of the reasoning of decisions by submitting the precedent to John Rawls' idea of overlapping consensus, since, according to this author, a decision cannot be legitimated. only because it was issued by a competent authority, but also because this decision is in harmony with the system as a whole and with the principles chosen by that society
