Operacionalização do precedente judicial: ratio decidendi no Supremo Tribunal Federal.

Abstract

This article analyzes the phenomenon of precedent and the ratio decidendi in the Federal Supreme Court (FSC), and aims to present and discuss what is the impact on Civil Procedural Law, from the focus on case study. The focus of this research is on the operability of the judicial precedent in light of the Civil Procedure Code 2015 (CPC / 2015), as well as the position of the FSC magistrates, as well as the real need and viability of the procedural institute, with emphasis on ratio decidendi analysis and the obiter dictum distinction. The methodology used will be the literature review, which allows to highlight the complexity of the theme in the civil procedural area. The diagnosis about the operationalization of the judicial precedent, either through specific legislation or through case analysis, is for the moment inconclusive and difficult to apply, which requires a wide debate within the Brazilian legal system.