O DISTINGUISHING E O DEVIDO PROCESSO LEGAL

A ADEQUADA PRESTAÇÃO JURISDICIONAL COMO UM DIREITO FUNDAMENTAL À LUZ DA CONSTITUIÇÃO FEDERAL

Abstract

The research`s interest arises from the distighuishing`s role in the system of mandatory precedents, adopted by the brazilian Code of Civil Procedure, specifically in its Article 927. Thus, the core of the distinction`s argument, therefore, demands the seeking elements about the judicial nature of the act, its legal elements and also how such a system of precedents reinforced the importance of the interpretative and argumentative activity of the one who intends to rule out the application of the precedent, whether he is a party or a judge. The changes brought by the technique of precedent, through the construction of a binding system of reasoning, also brought high importance to the legal arguments for distinguishing. This judgment technique with linked reasoning also encouraged the research on procedural principles and how they would continue to be respected in the currently adopted procedural cooperation model.