Ishikawa, Lauro2024-11-292024-11-292023ALENCAR, Igor Rafael Carvalho de. O sistema brasileiro de precedentes judiciais e a fundamentação normativa: uma análise sobre a subsunção. 2023. 100 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/496The present work analyzes the panorama of the Brazilian legal system of precedents. Based on the legal tradition of Civil Law, which legislation is the primary source of law, the Brazilian legal system currently and formally recognizes the need to accept binding precedents as a legal norm to be observed by law interpreters. For the purpose of developing this study, an analysis of legal systems based on the two main western legal traditions, from which legal systems arise, namely, the cultures of Common Law and Civil Law is carried out. The Common Law is examined especially under the judicial decision prism as a source of law, which builds the legal norm, from the verification of the historical evolution about the system in England and the United States, with the analysis of the English legal tradition emergence and its subsequent incorporation and adaptation for the establishment of the North American legal system. Regarding Civil Law, its historical evolution and influence on the construction of the Brazilian justice system stand out, based on the observance of legal rules elaborated with the work of parliament in the process of legislative deliberation. Based on an analytical-propositional methodology of concepts, premises and form of observation of the legal phenomenon of creating a standard, an overview of these justice systems, its objectives and importance for the guarantee and preservation of order and rights is drawn. In both cases, the use by the legal system of the judicial precedent as a normative source stands out and the form of aplicability. Finally, after defining the importance of judicial precedent as a normative source, the existence of the Brazilian system of precedents and its peculiarities is discussed.ptPrecedentesCommon LawFonte normativaSistema brasileiro.