Distinguishing e overruling no processo de execução

Abstract

The present article has the scope to present the techniques of distinction and overruling of the precedents. It also covers the concepts of enforcement of sentences. The analyses of the existing relationship between these concepts and the effective jurisdictional protection provided by the superior courts in the judicial enforcement proceedings will be addressed as well. The bibliographic analysis and the jurisprudence of the higher courts were used in order to fulfill these objectives. The hypothetical/deductive method has been chosen, establishing assumptions and arriving at conclusions. It was observed that there is a hybrid system in force in our legal system, with elements of civil law and common law, which influence each other. It was concluded that the courts have been maturing the concepts of the system of precedents and applying well the techniques of removal and overcoming, to the point that the precedents signed in higher courts influence the construction of the legislative process, creating the cycle of advancement of Law.