As tradições jurídicas e a construção de decisões modelo: estudo de caso

Abstract

This work aims to clarify if the identification judgment between the cases, considered as the existence of similarities between the facts, is sufficient to support the application of precedents. In this sense, a bibliographic review approach was made to the ideas constructed by the legal traditions of civil law and common law, as well as the respective influences on the Brazilian legal system. Then, the legal foundations of the requirement for the reasoning of decisions were presented, which are found both in the Federal Constitution and in the Civil Procedure Code. Finally, through a jurisprudential and interdisciplinary case study, an attempt was made to exemplify the application and consequences of “model decisions” in Judiciary. It was concluded, in the end, that the application of precedents is necessary for uniformity of jurisprudence and the maintenance of legal certainty. However, this application must be guided by the peculiarities of the specific case, aiming that the decisions, despite being uniform, have individualized bases.