Natureza jurídica e funções dos padrões decisórios do art. 927 do Código de Processo Civil.

Abstract

This article explores recent changes in the treatment of judicial precedents in the Brazilian legal system, focusing on the relationship between "precedent" and the decisions of the courts that form them and of lower-level judges. The text begins by highlighting the legal traditions of Common Law and Civil Law and their differences, including the role of judicial precedents in each system. The Common Law tradition views precedents as the primary source of law, while the Civil Law tradition emphasizes written law. Next, the article examines the functions of decision standards under Article 927 of the Civil Procedure Code, including the promotion of legal certainty, equality, and efficiency in the Brazilian judicial system, as well as the aim to alleviate judges' workload. Finally,  the text discusses the legal nature of  those decision standards, arguing that these standards do not possess the same primary nature of law found in Common Law precedents but rather a secondary nature subordinate to the law. In conclusion, the article argues that Brazil, at this point, has not abandoned its legal tradition, but has instead taken measures to improve consistency and predictability in the judicial system without elevating decision standards to the status of a primary source of law.