Author(s)

Luana Sbeghen Bonomi, Ananda Arruda Campos Rudi Mortati, Vitor Marques

Law Faculty, Pontifical Catholic University of São Paulo, São Paulo, Brazil.

The main objective of this article is to explore the doctrine of stare decisis and its influence on the system of precedents of the Brazilian legal system. In addition, it aims to examine how legal certainty occurs in the case of precedent invalidation, known as prospective overruling. From the point of view of the Brazilian legal system, the purpose of modulating effects by establishing new precedents or modifying existing ones is analyzed, in view of the current pragmatic consequentialist thinking of the STF. Finally, it concludes that the doctrine of stare decisis presents instability in Brazil, serving mainly the purpose of relieving the Judiciary of repetitive cases instead of ensuring greater predictability and equal treatment between jurisdictions.

Stare Decisis, Precedents, Blackstone, Prospective Overruling, Richard Posner, Legal Certainty, Modulation of Effects, Control of Constitutionality, Brazilian Legal System

Bonomi, L. , Campos Rudi Mortati, A. and Marques, V. (2024) Stare Decisis, Modulation of Effects and Legal Certainty in the Brazilian Judicial System. Beijing Law Review, 15, 406-415. doi: 10.4236/blr.2024.151026.