Brazilian precedent system: a critical comprehension based on the anglo-american tradition

Abstract

The new brazilian Code of Civil Procedure adopted instruments and methods of judging by precedents of the common law legal culture. However, there are dangers in importing a methodological system developed for centuries for a given culture. This work criticizes the adoption of the common law precedent system and seeks to reinforce the idea of stare decisis, opening the way for the development of a system of its own, appropriate to the Brazilian procedural reality, to the culture of litigation and to the contingent of lawsuits. proceedings before the Judiciary. The article makes use of the deductive method, is based on the examination of the foreign doctrine and analyzes the main characteristics of the precedents in the United States and England.