Name: MARIA CLARA QUEIROZ ARAUJO
Publication date: 09/05/2019
Advisor:
Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Advisor * |
| RICARDO GUEIROS BERNARDES DIAS | Internal Examiner * |
Summary: The present study proposes to analyze the incompatibility between the determinant foundations of Binding Summary Nos. 20, 34 and 51 when compared with those of Binding Summary 37. For this purpose, in the first chapter the premises will be fixed for the phenomena of understanding, interpretation and application in the field of Law, aiming to carry out the definition of theoretical references within philosophical hermeneutics and to operate the bridge with legal hermeneutics in order to obtain subsidies for the analysis of the contradiction pointed out. In chapter two, we attempt to present the historical evolution of common law and civil law precedents and their influence on Brazilian law, as well as the characteristics of the precedent system adopted in Brazil, indicating the main concepts (ratio decidendi, obter dictum, stare decisis), the duties of stability, coherence and integrity enshrined in the Civil Procedure Code of 2015 and the NCPC precedence and overruling techniques will be examined. In the end, the inconsistency between the deciding rations of the indicated binding precedents will be scrutinized and appreciated under the principle of isonomy and in the light of legal certainty, bringing the analysis of recent Federal Supreme Court judgments, with application or incoherent.
Keywords: Binding Precedent. Contradiction. Understanding. Interpretation. Application. Ratio decidendi. Stare decisis. Coherence. Stability. Integrity. Isonomy. Legal certainty.
