Precedents and legal certainty

a necessary discussion

Abstract

This paper aims the comprehension of what is a judicial precedent. The starting point is by the verification of the way precedents are made and its elements, to search the reasons of adopting precedents ins Brazilian Law, a legal order based on the Civil Law tradition. In this regard, the analyses focus on a comparative perspective of precedents between US Law and Brazilian Law, in order to verify if Brazilian Law has an effective system of precedents.