This paper intends to research to what extent Brazil´s recent judicial precedent system

has been influenced by the Common law tradition stare decisis doctrine. Firstly, it will outline
the differences between the Common and Civil law systems, delineating their main
characteristics and attributes, in particular the precedent forming mechanisms available within
each system. Secondly, it will look into the current Brazilian judicial system and its practices,
analyzing its growing tendency to lean towards the use of the Common law binding precedent
mechanism, in order to guarantee the consistency of rulings. The paper will demonstrate the
challenges faced by this judicial system, recognizing that over 79 million cases are today under
judicial appreciation in Brazil, a great percentage of which discussing the same issue. Thirdly, it
will discuss how the new precedent system was developed along years by comparative doctrine
studies, and finally materialized in the 2015 Civil Procedure Code, highlighting its conception not
only upon mechanisms pertaining the Common law tradition, such as the binding precedents,
but also making use of Civil law based procedures. Finally, it demonstrates that the new Brazilian
judicial precedent system must be interpreted as a product that merges Common law based
mechanisms with Civil law logic, resulting in a new system that is more than a simple import of
the Common law stare decisis doctrine.

This paper intends to analyse to what extent Brazil´s new judicial precedent system has
been influenced by the common law tradition system stare decisis doctrine. Firstly, In recent
years, the Brazilian legal system has been leaning towards the use of the binding precedent
mechanism, in order to guarantee the consistency of judicial decisions, as well as managing the
judicial processes stock. Today, over 79 million cases are under judicial appreciation in Brazil, a
great percentage of which discussing the same issue, although with different parties. Such
numbers pose a real challenge, especially when one considers that every case submitted to the
State must be appreciated under the light of the Brazilian Constitution and its guaranties, such
as the reasonable duration of the legal process, or the effective contradictory. Under these
circunstances, the precedent system was developed along years by doctrine studies, and finally
materialized in the 2015 Civil Procedure Code. Conceived not only upon mechanisms imported
from the common law tradition, such as the binding precedents, but also making use of civil law
based procedures, thithrough peculiar mechanisms created to deal with the mass lawsuit reality
of the country. Finally, the new Brazilian judicial precedent system must be understood as a new
product: it merges common law based mechanisms with civil law logic, resulting in a system that
is more than a simple import of the English