Reclamação: passado, presente e futuro. A segurança jurídica na aplicação do precedente

Abstract

This thesis approaches the litigation claim and its management, especially with the purpose of ensuring compliance with binding precedents established by the Superior Courts, whether in the constitutional conception of the instrument or in the form provided for by the Brazilian Civil Procedure Code, dated of 2015 (“CPC/15”). The objective of this work is to present to readers the profound changes implemented in the procedural legal system from Constitutional Amendment nº. 45/2004 (“EC 45/2004”) and consolidated in the Brazilian Civil Procedure Code, which caused the need to break the dogmas rooted in the skins of judges, the concepts of free conviction and functional independence, so the reading of the judicial proceeding from a constitutional perspective can take place, as an instrument guaranteeing legal security. As methodological support, the deductivist approach was used, in addition to varied bibliographical and jurisprudential research, which resulted in the division of this work into three parts: the first deals with legal certainty and the principles that must imperatively govern the judicial proceeding in accordance with the Constitutional Rule of Law; the second addresses the Brazilian system of precedents, its inspiration in common law and its theoretical and normative bases and; the third deals with the litigation claim, its historical phases and the crisis that the institute is going through, due to the misunderstanding of those applying the law regarding the limits and purpose of such an important constitutional action.