The Binding Value of Precedents: The Emergence of Stare Decisis in Civil Law and Mixed Jurisdictions

This book explores the theoretical foundations and practical implications of adopting a system of binding judicial precedents in civil law and mixed jurisdictions. Drawing from the author’s dual background in Latin American and European legal traditions, the book offers a groundbreaking framework for understanding precedents not merely as persuasive sources but as normative structures with formal binding authority. Written by Hermes Zaneti Jr., a renowned scholar and public prosecutor, this work emerges from a comparative constitutionalist perspective and engages deeply with the theory of Luigi Ferrajoli. It argues that the rise of stare decisis in hybrid systems like Brazil reflects both historical contingencies and a normative evolution toward legal certainty, equality, and rational adjudication. The book introduces the notion of normative precedents and classifies their binding force in three degrees, proposing an operational methodology for judges and courts to apply precedents while respecting constitutional principles such as judicial independence and the separation of powers. This sixth, revised edition includes updated doctrinal discussions, detailed comparative analysis, and a critical reflection on the Brazilian Code of Civil Procedure (2015) and the constitutional role of the judiciary in rights protection. With its robust combination of legal theory, dogmatic analysis, and historical development, this book provides scholars, judges, and advanced students with a comprehensive model for integrating precedent into constitutional democracies without sacrificing fundamental guarantees. Ideal for academics in comparative constitutional law, legal theory, and procedural law, The Binding Value of Precedents contributes to global debates on the normative role of precedent, judicial discretion, and the epistemology of legal interpretation in post-formalist legal systems.

Hermes Zaneti Jr. is a Brazilian public prosecutor and Professor of Law at the Federal University of Espírito Santo (UFES), with a distinguished academic and institutional career in civil procedure. He holds two doctoral degrees--in Law from UFRGS (Brazil) and from the Università degli Studi di Roma Tre (Italy), where he studied under Luigi Ferrajoli--and completed a postdoctoral fellowship at the Università degli Studi di Torino. Professor Zaneti is a leading authority on collective redress, structural litigation, and binding precedents, with more than 60 books authored or edited and over 90 academic articles published in Portuguese, English, Spanish, Italian, and French. He currently serves as Director of International Relations of the College of Directors of Public Prosecutor Schools of Brazil (CDEMP) and as Director of CEAF, the Center for Studies and Functional Improvement of the Espírito Santo Public Prosecutor's Office (MPES). He is also affiliated with the IAPL and IIDP, and has participated in international comparative procedural law research projects, including the CPLJ initiative originally coordinated by the Max Planck Institute Luxembourg.