As consequências da aplicação do Overruling e Distinguish na segurança jurídica

Abstract

This study addresses the elements that make up the precedent system and legal certainty, verifying the impacts of precedent techniques, Overruling and Distinguinshing, and for that it was necessary to go through the origin of the main legal systems, common law and civil law, listing its characteristics and its presence in Brazilian law, as well as its evolution with the increase in the complexity of social relations and consequently the concrete cases, it was still necessary to better understand the legal security to list as premises that compose it, together with a ratio decidendi of precedents, in addition to, it presents itself as Distinguinshing and Overruling techniques, which, based on the application of article 489, §1 and 926 of the CPC / 2015, serve to give dynamism to the use of the precedents system, strengthening legal certainty in Brazilian law and oblige the courts that comply with their uniform, stable, intact and cohesive jurisprudence, the Signaling technique was also addressed, which presents itself as a beacon to announce the repeal of a precedent, the author of this study believes that these techniques are a necessary evil for the legal system, because while they give dynamism to the law, their abuse can generate teratological precedents and even undermine legal security, making the judiciary a lottery of decisions.