O precedente no common law e os provimentos vinculantes brasileiros: distinções entre o que se mostra e o que parece ser

Abstract

The dissertation achieves a comparative critic between the culture of judicial precedents in the common s law order and the dogmatic of the decisions binding systematized by the New Civil Procedure Code (L. 13.105/15). We intend to illustrate a secular decision s practice that shows itself complex and to question what seems to be a precipitated import of this juridical experience. The possibility of thinking this analysis is discovered by philosophy. Stem from the phenomenological hermeneutic of Martin Heidegger confronted to the Immanuel s Kant epistemology we shed some light on the happening of precedents in oppose to the pre-determined binding decisions. The interpretative possibilities of both systems are explored in order to become viable a compromised critic. Finally, the work presents a possible post-positivist comprehension to the hermeneutic application of binding decisions, a behavior expectative based on integrity and stability of Law in favor of grounded jurisdictional answers