THE NEW ROUTES OF THE BINDING EFFECT IN THE BRAZILIAN CIVIL PROCESS AND THE MITIGATION OF THE PRINCIPLE OF THE FREE JUDGE CONVINCING

Abstract

There is great concern today about the delivery to society of a civil procedural system that is efficient to guarantee the realization of the rights that are threatened in an isonomic way. In the search for mechanisms capable of perfecting Brazilian civil procedural law, the new Code of Civil Procedure, among other institutes, brings into law the system of precedents with binding effect. This study intends to evaluate the impact that the binding force of the precedents can cause in the evaluation of the evidence by the judge, more specifically in the principle of free convinced reason, because, it seems, the judge's freedom in the formation of his conviction has been mitigated by the new procedural system. The proposed study will be carried out taking as a presupposition the deductive method and the bibliographical research, with descriptive production. Recent researches will be used as sources of research that address the problem object of this research.