THE PRECEDENT AS A GUARANTEE OF EQUALITY FOR COURT DECISIONS

• Main Authors: Maria Inês Da Silva, Luciana Drimel Dias
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: precedents; equality; effectiveness; compatibility; system unit
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45320/31776

Analyses equality as one of the Brazilian constitutional rights, identifies how precedents are an effective instrument for decisions to have social justice. It presents reasons for relating the adoption of the precedent system to the weakening of the objective, pure and straightforward application of the law and demonstrates to what extent the observance of the unity of the legal system by judges contributes to the effectiveness of the adoption of a precedent system. In addition to other purposes it has as its scope the guarantee of equality before the decision already produced. Concludes that there is compatibility for the adoption of a precedent system with the free conviction and freedom of the judge and the importance of achieving equality in both the vertical and horizontal planes.