A força vinculante dos precedentes judiciais: uma análise da transformação da Civil Law no Brasil e sua aproximação com o Sistema Jurídico Anglo-saxônico

Abstract

There is no doubt that our right is constantly evolving. However, normally the development of law in a country is not detached from the guidelines that guided it when it was created. Thus, it is common for a country whose legal system has a Roman-Germanic origin, such as ours, to remain at first with the characteristics that define it. However, Brazil is moving fast and peculiarly towards a new legal system, which leads us to a paradigmatic change - a transformation of the legal system through approximation with precepts now accepted only in Anglo-Saxon legal systems. This approximation occurs through the internalization of the concept of binding judicial precedents, that is, the attribution of binding binding force to an earlier decision to substantiate subsequent decisions in similar cases. From the origin of the Civil Law and Common Law legal systems to the present day, we analyzed the change in the magistrate's decision-making power following the binding of judicial precedents, with a direct influence on the judge's freedom to interpret the law and the exaltation of social control deriving from this. position adopted by the Brazilian legal system.