Culture, Predictability and Unity of the Law Through the Rule of Precedent

Abstract

The essay shows a link between the irrationality and unpredictability of Brazilian Law and the underlying values in the formation of Brazilian culture. Based on Max Weber concepts, it is suggested that the current lack of respect for the Supreme Courts’ precedents is compatible with a culture characterized by personalism and patrimonialism. The aversion to the impersonality and rationality, a feature of an agent seeking to turn the public sphere into private and run away from legislation’s generality, results in a culture that does not adequately care with the predictability of the Law and equality before judicial decisions.