Binding administrative precedents and protection of legal security: a museum of big news?

• Autor(a) principal: Cruz da Silva, Roberta
• Data de Publicação: 2022
• Outros Autores: Rego Feitosa, Raymundo Juliano
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Científica Disruptiva
• Texto Completo: http://revista.cers.com.br/ojs/index.php/revista/article/view/141
• topic: Precedentes Administrativos; Vinculação; Segurança Jurídica; Pretensa inovação jurídica; administrative precedent; binding; legal security; claimed legal innovation; precedente administrativo; unión; seguridad jurídica; innovación jurídica reivindicada

The objective of this article was to identify the characteristic features and applicability of the Brazilian administrative precedent system, based on the study of article 30 of the New Law of Introduction to the Norms of Brazilian Law (13.655/2018), its regulation and the legislation previously adopted. to its edition, in order to answer the following research problem: is article 30 a legal novelty, does it represent the core of a revolution in Public Law, as highlighted by the doctrine? Through an exploratory research, the following results were obtained: it is not understood the reason for so much euphoria on the part of the doctrine, in relation to the analyzed article 30, considered a revolution in Public Law by studies that stick only to dogmatics legal. This is an old “novelty”, because, for decades, the Brazilian legal-administrative system has laws that fight for the observance of previous decisions, for the motivation, even demanding the justification of the change of understanding. These are nothing more than the currently named precedents. The only relatively innovative aspect concerns self-binding. The duty to observe administrative precedents, ensuring legal certainty, has always existed.