Os precedentes vinculantes, no direito processual civil brasileiro, e o direito fundamental à razoável duração do processo

Abstract

This dissertation has the purpose of analyze the consolidation of the binding precedent system in Brazil and its possible contribution to the effective applicability of reasonable duration of the process. Consequentially, the aim is, in principle, understand the judicial precedent phenomenon, invoking its historical roots and several points of view about their impact, as well as working on the idea of reasonable duration of the process in order to extract the necessary conditions for the accomplishment of this fundamental right. In this context, will be checked in what extent, the inclusion of binding precedent in Brazil helps to ensure that the process is developed in a reasonable time. Therefore, will be possible to verify that, unlike some voices advocate, not always the binding effect of certain decisions enables a faster and qualitatively acceptable adjudication.