Desleituras em série: uma análise narrativa do precedente judicial brasileiro a luz de desventuras em série

Abstract

The present work aims to understand how the narrative structure employed by Lemony Snicket, in his work Desventuras em Série, can help the application of the theory of judicial precedents in Brazil. For that, it is necessary to analyze the historical context and the birth of the theory of precedents and its fundamental elements, such as: concept, ratio decidendi, obtaining dictum, distinction and overcoming. Having overcome this point, it is necessary to make a doctrinal analysis of the way in which the theory of precedents in Brazil has been applied since the CPC of 2015, which points of correctness and especially which errors that the lawyers find to use the and the reason for these difficulties. Finally, from the perspective of Ronald Dworkin on the right to literature and following the line of the narrative theory of the law of Lenio Luiz Streck and Andre Karam Trindade to make a study of how the production of our precedent can take place through the studies of the law and literature, demonstrating that it is possible to approximate the narrative structure of the literary work chosen as the basis for the work, Ronald Dworkin's theory of judicial decision and, consequently, Brazilian judicial precedents. Through the accomplishment of bibliographical research through the hypothetico-deductive method