A EFETIVAÇÃO DOS DIREITOS FUNDAMENTAIS ATRAVÉS DO PRECEDENTE JUDICIAL DA ADPF 132 E ADI 4277

Abstract

Judicial precedents have been one of the most relevant topics in contemporary civil procedure. With the recent process of constitutionalization of civil procedure, there is the possibility of this branch of law to be a means of implementing fundamental rights. In this work, the decision of the Federal Supreme Court that recognized the homoaffective union in Brazil, was chosen not only for its symbolism, but for the possibility of a judicial precedent to implement fundamental rights to an entire community. This study takes care of entering the discussion about the Brazilian precedent system, as well as the discussion about the benefits and dangers of importing the Common Law.