Theory of precedents and the doctrine of institutional dialogues

searching for a balance between the Legislative and the Judiciary Power

Abstract

This paper analyses one of the ways in which the powers of the state can interact with each other called the institutional dialogues. Its objective it’s to not allow one of them to have a sovereign in the interpretation of the law, proposing mechanism for them to dialogue. More specifically this paper tries to propose an interaction between the theory of the constitutional dialogues and the obligatory judicial proviments that have been inserted in the brazilian law by the Civil Procedure Code of 2015 and how the Legislative Power may change the interpretation of any given law by the Judiciary Power.