A jurimetria como resposta adequada à instabilidade decisória no judiciário

Abstract

Quantitative methods are widely used in data analysis, to validate theoretical models, as well as to deal with uncertain scenarios. The legal sciences make a modest use of scientific research to solve problems, causing difficulties such as jurisprudential instability and consequent legal uncertainty. Within this perspective, the jurimetric research is evidenced as an adequate response to the decision-making unpredictability in the judiciary. Therefore, the problem presented in the research is how the use of Jurimetrics can contribute to reducing the instability of judicial decisions in similar cases. The objective, therefore, is to demonstrate how the organization and systematization of information obtained can be fundamental for the standardization of judgments. Therefore, it is necessary to analyze the importance of the concepts of Legal Realism and the binding force of precedents, including in Brazilian legislation. Then, it discusses Jurimetrics as a methodological tool, its concepts and frameworks. Furthermore, it seeks to demonstrate how Jurimetrics can help in the solution of legal issues, specifically regarding the decision-making instability of similar cases, helping to obtain greater predictability and improving legal certainty. To achieve such results, the deductive methodology is used, starting from the broad research of precedents as a source of law and arriving at the solution of concrete cases. The exploratory approach of judicial practices is also applied, based on the quantification of convictions for moral damage in the Court of Justice of Rio Grande do Sul. Finally, the research confirms the hypothesis that the analysis of precedents, through jurimetric research, associating quantitative methods to the law, contributes significantly to the understanding of the legal phenomenon, mainly with support in decision making, helping to stabilization of jurisprudential understanding.