A APLICACÃO DA LINDB PELO CONSELHO UNIVERSITARIO DA UFPB NA ATUACÃO COMO INSTANCIA JULGADORA EM RECURSOS ADMINISTRATIVOS

Abstract

This study analyzed the application of the Law of Introduction to the Norms of Brazilian Law (LINDB) by the UFPB University Council (CONSUNI) in its role as a judging body for administrative appeals. The research was based on the premise that UFPB, as a federal public body, must follow the constitutional principles of public administration, such as legality, impersonality, morality, publicity, and efficiency. The LINDB, in turn, complements these principles, guiding the interpretation and application of norms to promote greater legal certainty and efficiency in management. The general objective was to analyze how the fundamentals of the LINDB are incorporated into CONSUNI's decisions, and the methodology used was qualitative research, with a case study from the analysis of administrative appeals decisions judged by CONSUNI. Five cases were examined, focusing on articles 4 to 6 and 20 to 30 of the LINDB. The analysis of the rapporteurs' opinions demonstrated that CONSUNI has consistently applied the LINDB in its decisions. In cases where appeals were denied, the reasoning showed alignment with Article 5 of the LINDB, prioritizing the common good and social purposes. The application of Article 6, which protects legal certainty, was evident in the defense of adherence to the public notice and the preservation of the stability of internal norms. The analysis also revealed the consideration of the practical consequences and real difficulties of management, in accordance with articles 20 and 22 of the LINDB, ensuring that decisions were pragmatic and efficient. In a case of filing due to loss of purpose, the decision demonstrated the application of articles 20 and 22, prioritizing efficiency and cost-effectiveness. The use of precedents from the STJ also demonstrated the application of analogy and general principles of law, in accordance with Article 4 of the LINDB. However, one of the analyzed cases could not be delved into due to the lack of a record of the reasons that led the collegiate body to reject the opinion, making it impossible to analyze the decision's fundamentals. In summary, CONSUNI, in its role as a reviewing body, has used the LINDB in a substantial way to support its decisions, strengthening university governance and the predictability of administrative acts.