Precedentes, cultura jurídica e a busca da celeridade no novo código de processo civil brasileiro

Abstract

The present work aims to carry out a critical analysis of the reform movement that has expanded the institutes which provide mechanisms for Standardization of case law and precedents used in NCPC. To do this, you will be presented with the formation of two Western legal systems, the way in which historical and social aspects contributed to its development and the way in which Civil Law and Common Law dealing with the precedents. Finally, from the perspective of cultural influence in legislative amendments, proposed by TARUFFO, demonstrates that the previous valuation, the Brazilian civil procedure, is much more linked a cultural significant yaw in the direction of Celerity, moving away from legal certainty. Such a perspective is not good, since the security, manifested in uniformity in the decisions, it is increasingly necessary for the Civil Law, especially on the serious crisis of legitimacy facing.