(Un)constitutionality of binding precedents in the Code of Civil Procedure of 2015

a necessary debate

Abstract

With the insertion of a list of binding precedents in the article 927 of the Civil Procedure Code of 2015, an interesting debate rose about the unconstitutionality of the insertion of the obligatory of precedents through legislation and not by changing the Constitution. To be able to defend its constitutionality it will be made a revision of the various doctrinaire positions. After it, there will be a critic review of them, in order to present the arguments that shows that there are no problems of constitutionality with the insertion of the binding precedents through the legislation.