Metodologia de julgamento no Supremo Tribunal Federal proposta no are 1309642: uma análise a partir do modelo democratizante de processo

Abstract

The work proposes a reflection on the appropriate judgment methodology for the formation of judicial precedents. The establishment of mandatory judicial precedents in the CPC/15 requires the gradual construction of a theory of judicial decision, in Brazilian judicial practice, which allows the continuous improvement of training techniques, application and review of binding jurisdictional provisions. However, it is essential to establish democratic decision-making procedures that provide the dialogical construction of judicial precedents. The dialogue between judicial bodies and the effective participation of procedural subjects and stakeholders is essential not only for the formation of judicial precedents, but especially in the procedures of review and overcoming. Given the above premise, the work aims to analyze the judgment methodology used in ARE 1.309.642 and whether this methodology can be applied in other concentrated procedures for training, review and overcoming precedents. The study concludes that this methodology is perfectly applicable, lege lata, in these decision-making procedures. The study approach is inductive and the research methodology used is qualitative-documentary, more specifically through the analysis of judicial decisions.