MANDATORY PRECEDENTS, DEVELOPMENT AND LEGAL CERTAINTY

The research aims to evaluate whether the precedents and mandatory precedents constitute an institutional proposal for national development and respect for the law, with the realization of the values and objectives of our Constitution. In order to do so, it seeks to demonstrate that legal certainty is a value of a development-oriented legal system and also a normative principle that establishes as an aim the observance, in the application of the Law, of formally consistent and substantially adequate, intersubjectively constructed legal standards. Making use of the deductive method and the bibliographical research, it is tried to study the relation between the connection with precedents, on the one hand, and the development and valorization of Law, on the other. The results of the research point out that the procedural reform that introduced the system of mandatory precedents in Brazil, without well operationalized, represents an important achievement for the increase of legal certainty in the application of the Law and, therefore, for the promotion of the development and realization of substantive freedoms. All of this is relevant to draw the attention of the legal community regarding the care and criticism that must be constantly addressed the Brazilian previous system, so that it can effectively fulfill the purpose for which it was designed, tuned to the premises of our democratic state