Processo jurisdicional democrático e precedentes: a fundamentação decisória e a concepção do direito como integridade

Abstract

The present essay is on jurisprudential law and the rising use of its techniques in the Brazilian legal order. Despite this, we may identify unprepared judges and courts in dealing with the formation and application of standardized decisions: the procedural debate has become a compilation of legal fundamentals found in a database constituted by common standards, as if these data existed only to confirm a preconceived understanding without an effective concern to promote a prior procedural debate on such standards or their adequacy and relevance. The research adopts as theoretical framework the conception of law as integrity as constructed by Ronald Dworkin and seeks to address the deficiencies found in Brazilian judicial practice be-cause we perceive that the misconceptions found in the formation and application of jurispru-dential law are rooted in the absence of adequate and sufficient theoretical inputs for the im-plementation of fundamental procedural guarantees.