THE USE OF THE HERMENEUTICS OF JUDICIAL PRECEDENTS BY THE SUPERIOR COURTS AS A TECHNIQUE OF A SIMMETRIC DECISION TO THE JUDICIAL NORMATIVE SENTENCES

BY A JURISPRUDENTIAL BALANCE OF LAW

Abstract

The present article proposes to discuss the application of the hermeneutics of judicial precedents by the superior courts as a decision - making technique of contention in relation to the technique of normative sentences that play a creative impulse role in juridical interpretation. In this sense, using the inductive methodology, the work aims to raise a probability judgment, demonstrating that there is a symmetry between the use of both techniques, based on the possibility of applying the hermeneutics of precedent in Brazilian law and recognition, and later delimitation , Of the use of normative sentences, such propositions will be justified with constitutional principles, constitutional, procedural and comparative study of judicial decisions. Hence, higher courts can adopt the precept of following their own precedents, as a way of exercising internal control over judicial decisions, limiting the creative potential gained by the normative role of courts. Therefore, the balance between decision-making techniques used by the higher courts promotes harmony between legal certainty and justice in law.