BINDING PRECEDENT AS A SOURCE OF LAW

Abstract

The present work addresses the figure of judicial precedent, initially investigating whether it is a primary source of law. Its general objective is to identify whether, in fact, decisions taken in a given case, according to the current procedural system, can give rise to rights and obligations in the national order, and, specifically, to address the issue of the need to identify the effective reason for deciding (ratio ) of each judicial precedent itself, seeking a basic methodology that can prevent the practice of mere invocation of precedents and menus as if it were a legitimate precedent interpretation. The approach is justified based on the procedural shift established with the CPC of 2015, through legal and doctrinal research on the subject, to conclude by the binding and normative force of the precedents provided for in Brazilian legislation.