Precedentes e superprecedentes : argumentação jurídica à luz da filosofia

Abstract

This dissertation aims to study the application of precedents in concrete cases under judgment of the Judiciary, how related institutes were dealt with the new Code of Civil Procedure and the existence of superprecedents in the Brazilian legal system. The focus of the research is the theory of legal argumentation. The theme explored has a strong connection with the concept of Law. As one of its sources, the use of precedents and superprecedens in legal reasoning represents an interesting subject for philosophical studies. Therefore, this research offers important contributions in philosophical, legal and social study areas.