Vinculação da administração pública aos precedentes judiciais à luz do código de processo civil brasileiro: uma análise sobre os princípios da legalidade e juridicidade administrativa

Abstract

The present work is inserted within the field of study of the neoprocessalism, and aims to demonstrate the possibility and feasibility of Public Administration subordination to judicial precedents mandatory, as a form to materialize constitutional principles and ensure the greater security and uniformity of law. Initially, through a study on the different concepts of jurisdiction over time, seeks to understand the role that is conferred, currently, to the Judiciary in the control of Administrative Acts. Based on this observation, we enter into the study about judicial precedents and about the way that the new Code of Civil Law Procedure reinforces the concern of the legislator to give greater weight to the implementation of mandatory precedents in Brazil. Therefore, it is questioned how the Public Administration should behave, ruled and limited by constitutional imposition to the legality principle, given this new profile of the Brazilian jurisdiction, based on the binding precedents? The research will be conducted from a juridical and normative approach of the national legal order, analyzing the proposed problem from a systematic interpretation of the Brazilian normative order, mainly, the relations that derive from the interlacing between the legal systems of Procedural Law and Administrative Law, having as a guideline the issue of precedents. At the end lines, the research seeks to highlight the constitutional, procedural and principiological foundations that make possible the adoption of the theory of Public Administration subordination to the judicial precedents. It is the result of a theoretical analysis, made from documental and bibliographical sources, with an exploratory character, which does not intended to exhaust the subject, but to throws a perspective on a still recent phenomenon within the legal literature.