Precedentes judiciais sob o viés da unidade do direito: um enfoque sobre a atuação do STJ e STF

Abstract

Judicial precedents make up the object of study of this work in order to verify whether they induce the unity of law. The diversity of decisions for similar cases presents itself as a form of disintegration of the system and the purpose is the analysis of the judicial precedent as a factor of reintegration. The path taken went through the analysis of common law and civil law families, involving the constitutional principles of isonomy, legal certainty and reasonable duration of the process. A detailing of the evolution of the institute of precedents and its current characteristics was developed until finally the presentation of statistical data regarding the result obtained, both in relation to the precedents generated by the STF and STJ and the impact on the number of judgments. For that, doctrinal research was used, analysis of legislative texts, including comparative law, in addition to extracting data from reports provided by the National Council of Justice. As a result, it was noted that the Brazilian procedural system is gradually using the institute to unify understandings and heal the integrity of the law affected by multiple conflicting interpretations. And that the institute of precedents is in continuous improvement and being used as a demand management instrument.