Uniformização da jurisprudência nos tribunais ordinários

mecanismo processual para a formação de precedentes vinculantes

Abstract

The present work is intended to study the standardization of jurisprudence in the ordinary courts. The high volume of cases pending in most Brazilian Courts has led the Superior Courts to adhere to a system that would allow them to standardize their jurisprudence, first through binding precedents, and more recently, the judgment of repetitive appeals. From this emerges the question that guided the research: do the Ordinary Courts also have procedural mechanisms capable of standardizing their jurisprudence, in the sense of forming binding precedents in their jurisdictional scope? In order to answer this question, a qualitative bibliographic research was carried out, which allowed the collection of information from the main scientific works of Constitutional Law and Civil Procedural Law. The result pointed out that the Ordinary Courts have the duty to standardize their jurisprudence, forming binding precedents. The conclusion reached is that the mechanism capable of forming such precedents is an incident for the resolution of repetitive demands, which can provide legal certainty and a swift and effective judicial provision.