The judicial precedent is not recognized as a formal source of law in the national legal system for various reasons. This investigation intends to reconsider this formal source of law, in the sense of continental law, emphasizing its axiology on the stability of legal relations, on the quality and efficiency of national justice, on the necessity to motivate the acts of justice. It is also intended to elaborate a
mechanism of legitimation of the judicial precedent in the national legal system.
