CHALLENGES IN OVERRULING PRECEDENTS UNDER THE ADMISSIBILITY RULES OF ARTICLE 1.030 OF THE BRAZILIAN CPC, AMENDED BY LAW NO. 13.256/2016
Name: DOUGLAS PUZIOL GIUBERTI
Publication date: 27/05/2025
Examining board:
Name |
Role |
|---|---|
| AMÉRICO BEDÊ FREIRE JÚNIOR | Examinador Externo |
| GEOVANY CARDOSO JEVEAUX | Presidente |
| RICARDO GUEIROS BERNARDES DIAS | Examinador Interno |
Summary: This master dissertation examines the difficulty of overcoming binding precedents within the Brazilian legal system due to the restriction imposed by Article 1.030 of the Code of Civil Procedure of 2015, as amended by Law No. 13.256/2016. The research begins with a comparative analysis between the classical doctrine of stare decisis, characteristic of common law countries, and the normative precedent model adopted by the 2015 CPC. It then explores the tension between jurisprudential stability and flexibility, the possible dynamics of precedent overruling (and its variations), and the theoretical grounds that justify such revision. The core focus lies in the procedural barrier created by the denial of follow-up by local courts to extraordinary appeals that challenge binding precedents, as well as in the procedural limits and strategies available to litigants to trigger the revision of the applied thesis, thus enabling access to the superior courts and the reopening of the legal debate surrounding the precedent. The study questions whether this model of admissibility is compatible with the integrity of a precedent-based system and with the principles of legal certainty, protection of legitimate expectations, and access to justice—especially in light of the constitutional jurisdiction conferred upon the Federal Supreme Court and the Superior Court of Justice to ensure the uniform interpretation of constitutional and infraconstitutional law in Brazil.
