Distinguishing

the importance of distinction in precedent control

Abstract

This article aims to highlight the main aspects related to distinguishing, an innovation in the 2015 Code of Civil Procedure, which has an important role in controlling the enforcement of judicial precedents, which in turn, need greater precision to the ratio of decisions. It is a detailed study, based on the correlation of these two institutes, which are considered of paramount importance to our legal system, thus making it essential to use distinguishing to avoid misunderstandings in cases that in some way have particularities. This work seeks to answer the following question: How does the technique or procedure that should be used to refuse a precedent apply? Still, it aims to present the real importance of the reasoning to avoid gaps and misunderstandings, using as a method studies in doctrines and in concrete cases. It is concluded, then, the importance of a method of distinction, for the direction to the precedent system and for its applicability to be really adequate, functional and effective, observing through bibliographic researches that the interpretation is necessary and observing its functionality in the studied cases.