Arbitration and the normative applicability of binding judicial precedents in the brazilian model: a search for legal unity

Authors
Antônio Pereira Gaio Júnior

INTRODUCTORY NOTE

The normative applicability in the resolution of disputes in a legal system—and especially here in Brazil—is not a given. It is a set of legal possibilities based on an understanding of substantive law combined with the prospects required by the method of dispute resolution.

This text aims to unveil the dogma and pragmatism that is intended to be presented around Arbitration as a means conducive to conflict resolution and the necessary or unnecessary incidence of judicial precedents considered binding in its scope, i.e., the requirement that the arbitrator, as a judging body, must carry out the

respect and apply the aforementioned precedents (binding effect of judicial decisions) when the issue brought before the arbitral tribunal has already been the subject of a qualified judgment by the Brazilian courts.

Respect for the principles of legal certainty, predictability, equality, and trust, combined with the necessary unity of law, must be considered in light of any extrajudicial method of dispute resolution, with the aim of observing the degree of independence and freedom they have in relation to the legal framework that applies at a given time and place.

Read the full article in PDF format by clicking the link below.