A PROCEDURAL LEGAL IDEOLOGY: A PURPOSE OF PRECEDENTS IN BRAZILIAN LE- GAL ORDINANCE

Abstract

The Brazilian legal system undergoes a substantial modification due to the legislative choice, provided for in the Code of Civil Procedure, when adopting a theory of precedents for binding the courts. In this way, the delimitation of this article will investigate the reason for the creation of a system of precedents in Brazil, as well as its connection with the issue of judicial activism. Thus, this article is justified by the need for a debate on the circumstances that led the Brazilian legislator to choose binding precedents in the Brazilian legal system and the repercussions of these in the face of separation of powers and the general theory of law. The question that drives this work is the verification of a legal ideology through the precedents, that can facilitate the issue related to judicial activism and the strengthening of the protagonism of the Judiciary. For this, the hypothetico-deductive method is applied to reach an
adequate proposal for the creation of a legal system based on precedents in Brazil.