Precedentes administrativos no direito brasileiro

Abstract

The subject of this Master's dissertation are the administrative precedents, which study, although scarce in our country, has proved a valuable tool for achieving the spirit that guides the administrative law: the guarantee of citizens against the insolence in Public Administration. From this placement, for a proper understanding of the subject, which is little studied in Brazil, we are addressing briefly the two main West legal systems: the system of common law and the romanist system (civil law). This analysis allowed us a better understanding on the functioning of each system in order to conclude that it is not incompatible with the legal system of which we are member (civil law), the adoption of so-called judicial precedents, which were also analyzed in their main aspects, since they are the best known form of precedents in the legal community and reveal the basic skeleton of the subject. Secondly, our attention turned to the applicability of the precedents in the performance of administrative function.Then, supported mainly the lessons of foreign scholars, we now address the administrative precedents in Brazilian Law. We present our concept of administrative precedents, the grounds for its binding effectiveness, the consequences of its failure, the ways they can be overcome, and other points we believe to be of vital concernment for the proper understanding of the subject. Finally, we present the conclusions