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The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards. Based on the specialized literature on the subject, it is possible to affirm both the admissibility of rescission action in jurisdictional judgments, and of annulment action in arbitral judgments that violate judicial precedents. Therefore, the activity of the arbitral court is equivalent to the judicial pronouncements, it is not being correct to admit that, on the one hand the court is subject to the precedent and, on the other hand, the arbitral court is free from its observance.

The present essay examines the nature of the creation activities contained in the decisions listed in article 927 of the Brazilian Civil Procedure Code of 2015 (BCPC/15) and its possible consequences for the Brazilian constitutional jurisdiction, as well as its central function seeking to separate between traditional jurisdiction (centered in the application and only secondarily in the creation of law) and the activities listed in article 927 of the BCPC/15 (centered in the creation of law).

It is known that precedent, as a form of justification endowed with the authority of those who pass it, invariably unfolds upon the juridical phenomenon, especially regarding legal reasoning, and serves, to a greater or lesser extent, to conform the ruling of analog future cases. Under this notion that it was once established the maxim of treat like cases alike, which in turn serves as a rational mainstay for the system commonly referred to as stare decisis. If, then, precedent’s ability to conform is a given, it remains, however, to comprehend what is exactly a precedent; what makes a past court decision be materially a precedent for future judgments. It is endeavoring to answer this question that this essay aims to define precedent so as to ultimately assert that precedent will be that decision in which, at the moment of its interpretation by the later judge, it is identified: a pretension of universalizability based on Kant’s categorical imperative’s principle of universalizability, and the occurrence of an operative interpretative exercise capable of enriching the legal rules of which positive law avails itself. With these two criteria one can identify to which decisions should be assigned the quality of precedent in order to then be made possible to systematize the model of judicial precedents established by the 2015’s Code of Civil Procedure.

This text is about a proposal to rationalize the Brazilian appellate system, aligning the binding precedents to the compliance of the constitutional complaint. In this line, an analysis will be carried out from the formation of judicial decisions, in the light of integrity, up to the formation of precedents and their consequent application and binding to other ordinary instances.

The research aims to evaluate whether the precedents and mandatory precedents constitute an institutional proposal for national development and respect for the law, with the realization of the values and objectives of our Constitution. In order to do so, it seeks to demonstrate that legal certainty is a value of a development-oriented legal system and also a normative principle that establishes as an aim the observance, in the application of the Law, of formally consistent and substantially adequate, intersubjectively constructed legal standards. Making use of the deductive method and the bibliographical research, it is tried to study the relation between the connection with precedents, on the one hand, and the development and valorization of Law, on the other. The results of the research point out that the procedural reform that introduced the system of mandatory precedents in Brazil, without well operationalized, represents an important achievement for the increase of legal certainty in the application of the Law and, therefore, for the promotion of the development and realization of substantive freedoms. All of this is relevant to draw the attention of the legal community regarding the care and criticism that must be constantly addressed the Brazilian previous system, so that it can effectively fulfill the purpose for which it was designed, tuned to the premises of our democratic state.

This article has the purpose to analyze the overall repercussions in the new code of civil procedure, its relationship with the mandatory precedent and the correlation with the new writings of arts. 1.030 and 1.042 to create a binding of the precedent set in judgment of extraordinary resource in the overall repercussions.

This article is about the jurisprudential developments of the rights written in the Bolivian Constitution. The article is limited to the formal aspects developed by the decisions of the Constitutional Court. Therefore, they are equally applicable to all the constitutional rights in the Bolivian legal system. After five years of application of the Constitution of 2009, the Constitutional Court has developed a wide body of jurisprudence about the fundamental rights it proclaims. This article only pretends to do a short review of such developments.