A binding precedent as an instrument of symbolic violence

Abstract

This article is to examine one of the most important legal instruments of contemporary constitutional law established and appointed by some theorists as a major advancement of the Reform of the Judiciary (EC no. 45/2004), namely binding precendet issued by the Supreme Court. For this, we aim to propose a new reflection about the incidence of binding precedent correlating the Theory of Power Simbolic Violence, conside ring that the scope of the Supreme Court is to preserve the coherence and harmony with the legal and social system and at the same time (re) establish the control of the numerous legal and controversial interpretations that exist in the legal and extralegal fields of intersubjective relations of society. Consolidating, thus, the legal opinion of the Supreme Court about a particular subject during its interpretive conflict, reflecting a legal end to the Brazilian legal system.