The article proposes to study the mandatory system of precedents contextualized in the new Code of Civil Procedure, in light of constitutional principles. It is questioned whether the system of precedents is in line with the promise of the new codex, which is to promote a constitutional civil process. The method used for scientific construction was in the field of bibliographic research, in the areas of deductive and inductive. The first one through the study of Civil Procedural Law from the point of view of Constitutional Law. The research started from the legislation, reaching doctrinal concepts and studies on the subject. The second is the study of reality, especially with regard to respect for precedents in the country. It is possible to conclude that the constitutional principles will not be abolished due to the observance of the precedents, because they will coexist in favor of the effective juridical security of the jurisdictional activity and the isonomy, reaching a fair process and with satisfactory results. Therefore, there will be no conflict of norms, but a joint interpretation of the constitutional principles and the system of precedents to effect Brazilian law.

Author Name: Danilo Henrique Nunes, Lucas Souza Lehfeld

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Keywords: Judicial precedent, Conflict of norms, Constitutional civil process.

ISSN: 1980-3087

EISSN: 2448-2307

EOI/DOI:

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