Recurso especial e o precedente no direito processual civil brasileiro

Abstract

This study is dedicated to increasing understanding of the current state of constitutionalization of the right and check the changes that have forced neoconstitutionalism harvest in the civil case, given the finding of greater freedom for judges develop the rule of law in the case before impregnated by a constitutional law and airy open techniques for drafting laws, contemplating indeterminate concepts, principles and vague, lacking content to be filled by the judge, who give the keynote of judicial current that favors the imposition of the various results similar cases, with negative consequences for uniformity of law, for the safety of jurisdicionado and the maintenance of a democratic state, exacerbating even the litigation which is a cause of the accumulation of demands on our courts. In this vein, are equivalent legislative initiatives that changed the Code of Civil Procedure in order to unclog our courts, the encouragement of compliance with previous judgments of the Superior Court of Justice by the other organs of the bodies of the judiciary as a means to harmonize decisions and maximize their results in favor not only the speed but also the predictability and stability of the law. We then have an attitude of valuing legislative precedents where the resource has special application for its suitability for fixing the legal argument, although there is also a culture that encourages its effectiveness in the field of practice.