Overruling as an element of integrity and coerence in law

Abstract

The writing addresses integrity and integrity in the Law, as an interpretation in the decision-making process with respect to the existing sets of rights, and coherence, as an element of congruence in the judgment of similar cases considered possible specificities, according to Dworkin. Furthermore, theoretical contributions to the understanding of precedents are presented, pointing to the presence of integrity and coherence, as well as the constitutionally established, as a way of delivering appropriate responses. Still, aiming to critically understand the decision-making process and the precedents, the writing is directed to Streck’s constitutionally adequate response theory and the occurrence of overruling. The objective is to study the fate of the precedent that interferes in the integrity and coherence in the Law of a given system through the study of overruling. Thus, the question is: how to understand the judicial precedent and the possibility of overruling as a path to a constitutionally adequate decision? The research method used is the bibliographic. In developing the article, it was concluded that for the constitutional effectiveness related to the precedents, the presence of constitutionally adequate responses that condition the reading and observance of the civil procedural text to integrity and coherence is imperative, aiming to avoid beginning comprehensive, interpretative and law enforcement, the discretion, as it represents an affront to the constitutional decision-making process.