A repercussão do novo Código de Processo Civil no processo penal – força dos precedentes vinculativos

Abstract

With the arrival of the new Code of Civil Procedure, there was a greater approximation, previously mentioned in a simpler way, between the traditions of civil and common law in the Brazilian order. Such transformation has been taking place all over the world, due to the dynamism and globalization of today's society, whose yearnings demonstrate the need for a more hybrid formation to increase the guarantees of law. The strength of the precedents is nothing more than a demonstration of this global evolution, which arrives in our country to increase the legal certainty of decisions and speed the process, allowing more active action by the judiciary in the search for an application of the norms of uniform manner throughout. However, it is necessary to observe the peculiarities behind this new model, so as not to run the risk of being misinterpreted, especially when dealing with matters whose strict legality is the regent's foundation, as in the case of criminal and procedural law.