Precedentes e a primeira instância

Abstract

The excess of repetitive litigation in Brazilians civil procedure scenery is pointed out as one of the responsibles for the overload of work in courts and delay in jurisdiction. HIstorically, many attempts were taken at solutioning this issue, first wiht emphasis on work structure, than concentrating power on superior courts. With the discourse to adapt the common law sistem of precedentes, the new civil procedure code has established various mechanisms of bindingness and uniformization of the jurisprudence, with the exclusive goal to deal with repetitive litigation, as can be seen through the analysis of some new institutes such as the possibility of suspension of processes waiting the decision of the repetitive litigation solution incidente ou special or extraordinary appeals. Such agenda, wich goes by the centralization of decisory power immediately in the hands of superior courts, harms the participation in contraditory of the interested people in a given case, as well as the behavior of the fists degree judge, besides fossilizing the jurisprudence and disregard regional differences. The same issue can be approached from a diferente perspective, one wich values the activity in courts of firts degree.