Banca de DEFESA: CRISTINA ALVES DA SILVA BRAGA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : CRISTINA ALVES DA SILVA BRAGA
DATE: 01/06/2023
TIME: 14:30
LOCAL: Ambiente virtual
TITLE:

LEGAL SECURITY AND THE USE OF PRECEDENTS IN ADMINISTRATIVE PROCEEDINGS

KEY WORDS:

Legal Certainty. Law of Introduction to Brazilian Legal Norms. Separation of Powers. Precedents. Administrative Proceedings.

PAGES: 126
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Legal certainty is a necessity of social relations that requires a certain level of predictability and is essentially safeguarded by the Brazilian Federal Constitution. Changes to Decree-Law no. 4,657/1942 - the Law of Introduction to Brazilian Legal Norms (LINDB) - through Ordinary Law no. 13,655/2018, aimed to improve efficiency and ensure the application of legal certainty in Brazilian public law. In recent years, the legal vacuum in the production of administrative acts linked to legal uncertainty has taken hold of the Brazilian legal system, increasing the demand for judicial action to achieve the realization of rights. While the administrator needs to interpret and apply norms to concrete cases, they also need to strictly comply with the law, under penalty of sanctions from regulatory agencies that, for the most part, act as if the administrator were always suspicious. The innovations brought about by the LINDB reform seek to reduce the superficiality, abstract values, and subjectivity of administrative decisions, determining the explicit motivation of the administrative act and the contextualization of the public administrator's conduct according to the concrete reality. Additionally, it considers that in the case of the review of the validity of acts, the general guidelines of the time must be considered, and invalidation of fully constituted situations is prohibited. In Brazil, the formation and respect for precedents in administrative law are still progressing slowly, so this dissertation was developed based on bibliographic research on the subject, using the hypothetical-deductive method, and the analysis of decisions taken in administrative proceedings of public servants as an instrument of analysis for the general objective, consisting of understanding the importance of the formation of administrative precedents as a means of legal certainty, observing the duty of self-binding or binding of judicial precedents in the administrative sphere. Therefore, by virtue of the principle of legal certainty, it is essential that there is a pre-established decision parameter to give predictability and stability to legal relations. The methodology adopted for the development of the investigation was based on the logical-deductive approach, and regarding research techniques, bibliographic and documentary species were used, based on the study of doctrinal and legislative sources.

COMMITTEE MEMBERS:
Externa à Instituição - CHRISTIANNE DE CARVALHO STROPPA - PUC - SP
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Presidente - 2199638 - VLADIMIR DA ROCHA FRANCA