Aplicação de precedentes judiciais vinculantes no processo administrativo

Abstract

The advent of Code of Civil Procedure of 2015 (CPC) brought a new system of judicial precedents inserted in article 927 do CPC which establish that every judge must respect precedents. The judicial precedents effect is changing slowly from persuasion to biding. There are arguments contrary and favorable to precedent application, for instance, independence of the judge on the contrary side and legal certainty on the favorable side. However, regarding Public Administration, which is part of the Democratic State, the same way that the Judiciary is, there is no forecast at on the CPC to application of binding judicial precedents. That way, the object of this study will be the effect of the judicial precedent, especially the binding established in art. 927 of the CPC, regarding to the administrative process, by which the Public Administration expresses its will. This study starts with the delimitation of precedes, its possible effect, as well as clarifies the difference between common law and stare decisis, passing through the analysis of the reasons for application and non-application of precedents and, in the end, the study analyze the possibility of the application of the theory of judicial precedents for the administrative process, and reaches a conclusion on that matter.