Mechanisms for the Uniformization of Case Law in Brazilian Law

Legal Certainty and Judicial Precedents: The Effectiveness of the Jurisdictional Function in the Democratic Rule of Law

Abstract

This article analyzes the relationship between the principle of legal certainty and the effectiveness of the State’s jurisdictional function, in light of the system of judicial precedents established by the 2015 Code of Civil Procedure. It is based on the understanding that predictability of decisions and jurisprudential coherence are indispensable prerequisites for the realization of justice and the consolidation of social trust in the Judiciary. The research investigates the theoretical and normative foundations of legal certainty, its axiological content, and its expression as a constitutional principle, examining the role of binding precedents (Articles 926 and 927 of the CPC) in the uniformization of case law. It also analyzes the techniques for applying and overruling precedents, as well as the practical challenges faced by Brazilian courts in balancing stability and dynamism in judicial decisions. Qualitative in nature, the research employs the deductive method with a descriptive-analytical approach, supported by bibliographical review and normative analysis, aiming to understand the extent to which the systematization of precedents contributes to strengthening legal certainty and jurisdictional effectiveness. It concludes that the coherent adoption of the precedent system is a condition for the legitimacy of jurisdiction and for the realization of fundamental rights within the Democratic Rule of Law.