O modelo brasileiro de precedentes e a técnica da distinção como instrumento de legitimação do precedente judicial

Abstract

This work has the specific objective of raising discussions about the technique of distinction (distinguishing) as an essential instrument for operationalization and legitimation of the Brazilian model of precedents, established by the Civil Procedure Code of 2015. For a better understanding of the concepts covered in the course of the dissertation, we initially carried out an exposition of the theoretical basis on which the research was based, namely the theory of judicial precedent, its evolution, systematization and functioning in common law systems and in Brazilian civil law. From the presentation of the characteristics, mechanisms and procedures related to the Brazilian model of precedents, it was possible to draw conclusions about the best practices among which the adequate technique of distinction capable of assisting in the process of construction of the judicial decision taken based on precedents, with the primary purpose of improving the system and achieving legal certainty, isonomy and predictability.