Anticipatory overruling: propostas para sua aplicação no âmbito de precedentes firmados a partir do julgamento de recursos repetitivos

Abstract

The study aims to demonstrate the potential of applying the technique of the so-called anticipatory overruling in the Brazilian civil procedure code system, specifically in context of precedents originating from repetitive appeals. Therefore, at first, this essay will outline a historical picture of the doctrine of the stare decisis, in order to shape how the legal precedent doctrine has been drafted over the years, including within countries that adopt the civil law model. Afterwards, this study will tackle, in both the doctrine and jurisdictional manners, how the overruling technique, destined to overcome binding precedents, is structured and, furthermore, how the notion of the anticipatory overruling is applied in foreign law. At last, this master’s thesis will focus on how the application of anticipatory overruling could be dealt with in a national level, aims to demonstrate that anticipatory overruling could be applied in the context of precedents established from repetitive appeals, with the possibility to allow, at a later time, the overruling of a precedent that is no longer applied by the court responsible by its creation.