The distinguishing in brazilian civil procedure: analysis empirical

Abstract

The article presents the results of empirical research on the use of distinction in the Court of Justice in the State of Rio de Janeiro. CPC/15 established a binding decision-making model based on precedents issued by the Superior Courts. However, the proper applicability of this model depends on a democratizing decision-making process based on dialogue between courts and procedural actors.  It is in this context that the distinction reveals itself as an essential stage in the development of the system of judicial precedents in Brazil. The appropriate use of distinction allows the application or removal of a precedent, on the one hand, and the refinement of the legal thesis previously established, expanding or restricting its scope of incidence.  It is in this context that empirical research on the use of distinction becomes necessary. Considering the above premise, the work aims to investigate the application of distinction in judicial practice and its contribution to the development of law from the analysis of TJRJ judgments. The approach of the theme will be deductive and the method of qualitative-documentary research. The partial completion of the study indicates that the distinction, through its specialized use, can contribute to the improvement of the Brazilian precedents.