Precedentes vinculados : da aplicabilidade do anticipatory overruling no Brasil

Abstract

This research deals with the system of binding precedents and the applicability of anticipatory overruling in Brazilian law. The general objective of this research is to investigate the adoption of binding precedents in Brazilian law is justified and that its application by the magistrates and by society in general will not jeopardize the continuity of the development of the law. Also, it affirms that the anticipatory overruling is an interesting tool to avoid outdated law. According to the bibliographic study developed, it is possible to show that the adoption of a system of precedents in Brazilian law is justified and that it should be possible for the magistrate to rule out the application of a precedent when he demonstrates that the understanding of the court was overcome by new judgments. For the theoretical basis, Anglo-American doctrine was used in relation to the institutes that are incorporated into Brazilian law. Furthermore, national doctrine on the subject was visited. The methods used in the research was explanatory and descriptive, with a qualitative case study. Finally, the research found that part of the Brazilian doctrine is inclined to adopt the anticipatory overruling in Brazilian law.