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The article deals with the implementation, as mandated y by the New Brazilian Civil Procedure Code, of a system of binding judicial precedents and the consequent need to adapt the collegiate voting procedures of the Federal Supreme Court and the others courts of our country so that the decisions generating precedents are the result of full collegial deliberation, with institutional recognition of the precedent. The models of collegiate decision seriatim , per curiam and majoritariam practice are analyzed, concluding that the latter is more appropriate to the Brazilian courts. The purpose of the article is to demonstrate that if the is not adapted to the aforementioned model, the deliberative procedure of the courts will result in inefficiency of this system of precedents. The method adopted is hypothetical-deductive, through a critical analysis of the need for improvement of the creation and respect of precedents.

revista de direitos e garantias fundamentais

A plena deliberação interna do Supremo Tribunal Federal para a efetiva criação dos precedentes judiciais vinculantes estabelecidos pelo novo Código de Processo Civil