AMICUS CURIAE NO PROCESSO CIVIL BRASILEIRO: PERSPECTIVAS TEÓRICAS E LEGITIMAÇÃO DEMOCRÁTICA NO CONTEXTO DOS PRECEDENTES JUDICIAIS

The amicus curiae has been consolidated in Brazilian litigation from its performance in the control of constitutionality in the context of constitutional jurisdiction. From the importance of acting and the impact of friends of the court in the decision-making processes of actions with social relevance, CPC/15 expanded its scope of action, admitting its entry into any degree of jurisdiction. Considering the expansion of the limits of the action of the friends of the court, it is necessary to investigate the theoretical production on the scope of their participation in all degrees of jurisdiction and its importance for democratic legitimization of binding judicial decisions under CPC/15. In this context, the work aims to outline an overview of theoretical approaches on the role of amici curiae in the Brazilian civil procedure and its contribution to the formation of binding precedents. By identifying the perspectives of procedural literature about the role of the amici curiae in Brazil, it will be possible to deepen the debate on the contribution of the amici curiae to give greater democratic legitimacy to the formation, revision and overcoming binding precedents, that constitutes the work hypothesis. The research methodology used in the work is based on bibliographic review and the approach of the theme will be deductive.