Abstract
The objective of this paper is to discuss the gradual binding effectiveness of judicial precedents from the perspective of the theory of institutional dialogues, taking as a starting point the analysis of the main theories that structure the binding effects of Supreme Court decisions from the Brazilian Civil Procedure Code (2015). Therefore, it shows how these theories propose the restructuring of the Judiciary Power with the establishment of a Supreme Court capable of issuing decisions responsible for guaranteeing the entire unity of law and the uniformity of the legal system and the difficulties of overcoming these precedents. The theory of dialogues is exposed as an intermediate and reasonable way to question the idea of a unity of law that derives exclusively from the decisions of the Federal Supreme Court, demonstrating the importance of a dialogued construction of decisions, as well as the possibility of overcoming judicial precedents by the Legislative Power, as in the case of Vaquejada. The interaction of the Legislative and Judiciary powers is increasingly necessary in a scenario of complex social issues, which materializes the idea of an institutional dialogue.
Keywords:
precedents; dialogs; binding; decisions; overruling