Zanella, Everton Luiz2024-12-042024-12-042023LIMA, Jucelinno Araújo. Os obstáculos na aplicação dos precedentes constitucionais vinculantes no direito brasileiro. 2023. 121 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023http://repositorio.unialfa.com.br/handle/123456789/505This work aims to bring elements that demonstrate the current Brazilian scenario in relation to binding constitutional precedents and the barriers to their effective application. The methodology used was the bibliographical research of renowned authors who deal with the matter, in addition to the analysis of related legislation and court cases. Initially, the concept of precedents is brought up. Afterwards, historical details of the common law and civil law traditions are presented and how precedents are treated in each of them, in addition to the approach on four elements that are understood as essential for this study: ratio decidendi, obiter dicta, distinction and resilience. Then there is a chapter dedicated to the binding precedents of Brazilian law. Next, some questions about mandatory precedents are presented. In the last chapter, the conflict between constitutional justice and ordinary justice is addressed through case studies judged by the Federal Supreme Court and the application of these binding precedents by ordinary instances. It concludes by stating that Brazilian law needs to evolve in quality in the formation of mandatory judicial precedents, as well as to develop a posture of respect for precedents by the related bodies, in order to achieve its relevant objectives.ptJustiça ConstitucionalSupremo Tribunal FederalPrecedentesCommon Law