Law text and juridical norm:

a necessary distinction in the way of interpreting the law

Abstract

The changes introduced by Law 13.105 of March 16, 2015, which established the new Brazilian Civil Procedure Code, are, to a large extent, structural of all procedural law, without, therefore, being limited to the civil sphere, given its express linkage (Article 1st) to the fundamental rules of the Constitution. Among these changes, we highlight the issue of formally binding jurisprudential precedents, in particular the provisions of art. 486, §1, incs. V and VI, and 927, a subject that finds total pertinence with the activity of interpretation of the law, which, in turn, is also highlighted in art. 486, §§2nd and 3rd. This article deals with this preliminary theme with the question of precedents, namely the interpretation of the law (in the broad sense) as a process of formation of the legal norm and introduces the importance of the consensual limits to the activity of the interpreter of law.