JUDICIAL PRECEDENTS AND DECISION STANDARDS: FROM INTEGRITY AND COHERENCE TO THE MITIGATED TAXATIVENESS GAP OF THE LIST FROM THE ARTICLE 1.015 OF THE BRAZILIAN CIVIL PROCEDURE CODE

• Main Authors: Débora Fernanda Ferreira, Fernanda Gomes e Souza Borges
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2021-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: judicial precedents; decision standards; integridy; coherence; mitigated taxativeness
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/54147/36318
• ISSN: 1982-7636

This essay aims to analyze the concepts of judicial precedents and decision standards aiming mainly to contribute to the doctrinal debate about the supposed existence of a “system of precedents”, inaugurated by the Brazilian Civil Procedure Code of 2015, in the Brazilian legal system. Due to the course an analyse’s made from confrontation between the precepts of integrity and coherence, advocated by the theory of Ronald Dworkin and present in Brazilian Civil Procedure Code of 2015, and the legal instability caused by gaps arising from the decision-making standards themselves, as the case of the mitigated taxativeness of the list from the article 1.015 of the Brazilian Civil Procedure Code of 2015, analyzing possible techniques to overcome the problems that may arise from there.