Juizado especial civel e sistema de precedentes: análise jurídico-dogmática da ausência de força vinculante dos enunciados do fórum nacional de juizados especiais

Abstract

Under the legal-dogmatic aspect, it is studied whether the statements of the National Forum of Special Courts have binding force in the Special Civil Courts. The hypothesis of the present work is that the creation of the FONAJE statements does not observe the way of creating the precedents foreseen in the procedural legislation and, therefore, does not have binding force. As a development of the hypothesis, based on the absence of binding force of the statements, it is investigated what is the normative status in the special court of these statements within the civil procedural legal system. The work is justified by the need for legal certainty in the application and restriction of rights arising from the interpretations offered by FONAJE in the civil sphere. Thus, there is a need to understand what is the normative force of these statements and their real position in the national legal system. It is concluded, after analyzing the system of precedents and concrete cases, by the absence of binding force of the mentioned statements and by their strictly doctrinal characteristic.