A insegurança jurídica no processo civil brasileiro: meditações sobre o sistema de precedentes e o civil law

Abstract

This monograph explores the scenario of legal uncertainty present in the Brazilian civil procedural system by examining the concepts of Civil Law and Common Law. The aim is to demonstrate that, although the system of precedents established by the 2015 Code of Civil Procedure (CCP) has brought advancements, it has not ensured legal certainty, especially due to the way judicial activity has been developed in Brazil. Often, courts disregard the legal text - and, therefore, the Civil Law system - which, combined with the lack of a historical custom of respecting judicial precedents, unlike in Common Law countries, results in conflicting case law. The study employs the hypothetical-deductive and bibliographic methods, with data collection from books, journals, articles, laws, and judicial decisions. The conclusion is that legal certainty can be achieved by aligning the precedent system and judicial practice with Civil Law principles, aiming to bring jurisprudence closer to the letter of the law and reduce inconsistencies in judicial interpretations. To this end, the implementation of mechanisms to strengthen adherence to both legal norms and established jurisprudence is recommended, preventing judicial decisions from deviating from these standards