ESTADOS UNIDOS DA AMÉRICA E BRASIL: UM ESTUDO DE DIREITO COMPARADO SOBRE AS IMBRICAÇÕES NO CONTROLE DE CONSTITUCIONALIDADE.

First, the study gives a brief historical account of the evolution of judicial precedents in the United States through the Marbury v. Madison and the importance of this case in American constitutional law. Following on the doctrine that defends the precedents in Brazil and its arguments and grounds for its application in the internal scope. In this way, the main objective of the study is to explain the consequences that the application of judicial precedents can bring to the Brazilian State if it is carried out in the way that is occurring, that is, without interpretation criteria and without grounds for its effective application, which can be harmful not only to the legal system, but to society as a whole. Therefore, the important use of the reasoned interpretation that must be used by Brazilian courts and not simply a composition of non-systematic presumptions of the Judiciary Power, as has been occurring in the Brazilian scenario, remains crystal clear. [ABSTRACT FROM AUTHOR]