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The article aims to analyze the role played by the constitutional complaint, rescission action and civil remedies as techniques for distinguishing and overcoming precedents. Therefore, it is necessary to study whether these techniques exist expressly in the Civil Procedure Code, or whether they represent a doctrinal and jurisprudential construction. In the investigation, the hypothetical-deductive method and bibliography of procedural law was used. Thus, it was possible to conclude that the complaint and the rescission action do not represent typical techniques of distinction, as well as the code is silent on the method of overcoming precedents.

revista brasileira de direito civil em perspectiva

TÉCNICAS DE DISTINÇÃO E SUPERAÇÃO DE PRECEDENTES NO CÓDIGO DE PROCESSO CIVIL: UMA ANÁLISE DA FUNÇÃO SISTÊMICA DA RECLAMAÇÃO CONSTITUCIONAL, DA AÇÃO RESCISÓRIA E DOS RECURSOS