PRECEDENTS IN CRIMINAL PROCEDURE LAW: LEGAL SECURITY, EQUALITY AND CONSTITUTIONAL IMPACT

Abstract

This paper analyzes the application of judicial precedents in Brazilian Criminal Procedural Law, highlighting their impacts on legal certainty, equality and respect for constitutional norms. It is justified by the growing relevance of precedents in the national legal system, especially after the CPC/2015, and by the lack of uniformity in decision-making in the criminal field, where fundamental guarantees such as freedom and due process are directly involved. The method adopted was a bibliographic review and hypothetical-deductive reasoning, based on the premise that the absence of consolidated precedents compromises the predictability and stability of criminal decisions. The general objective was to examine the difficulties and propose ways to implement binding precedents in Brazilian criminal procedure. It is concluded that the fragmentation of case law and the resistance of first instance courts hinder the uniform application of the theses established by the STF and STJ, compromising constitutional principles, aggravating procedural delays and inflating the appeals instances with the high appealability of decisions. The creation of training programs and specialized precedent centers is proposed, in addition to institutional reforms to improve the decision-making culture based on precedents, ensuring greater predictability and legitimacy to the criminal system.