Precedentes e unidade do direito no Superior Tribunal de Justiça : da CRFB/1988 ao CPC/2015

Abstract

The theme of the present work is the relationship between precedents and the “Superior Tribunal de Justiça (STJ)”. The research problem is the analysis of the institutional role of the STJ in view of the establishment of the precedents system in the Civil Procedure Code of 2015 (CPC/2015). The general objective is to analyze the role of the STJ given the normative framework that establishes precedents as a way of promoting the unity in law. Specifically: a) to define the theoretical assumptions that provide the proper reading of the themes; b) to verify possible transformation of the institutional function of the STJ over time due to doctrinal changes and legislative reforms; c) to study the role of the precedents system provided in CPC/2015 on promotion of unity in law; d) to analyze the best interpretation of the institutional function of the STJ and the degree of preponderance of the facets of resolution of concrete cases and unification of the legal interpretation. The methodology adopted is exploratory through the analysis of legal texts, precedents and the pertinent doctrine. The strictu sensu method is the hypothetical deductive method. The research results demonstrate that the necessary assumptions are the adoption of moderate skepticism, the thesis of double discursive necessity of the civil process and the idea of mixed influx of traditions. The transformation of the role of the STJ after its institution in the CRFB/1988 can also be seen and the landmark of this change is the establishment of the “Súmula vinculante” in EC nº 45/2004. Then it was possible to prove that the scope of the precedents system is not limited to the list of art. 927 of the CPC/2015. In the end, it is possible to recognize the STJ as a Supreme Court responsible for promoting the unity in law.