A submissão da administração pública aos precedentes judiciais vinculantes como imperativo do princípio da juridicidade

Abstract

The present work seeks to investigate whether, in light of the principle of legality administrative, the Public Administration is bound to some type of judicial precedent. To do so, it uses the deductive method, starting from arguments general, the premises, to arrive at a particular argument, the conclusion. It establishes as its first premise that, in addition to the law in the strict sense, the principles also currently comprise the principle of administrative legality, which is why this gained the denomination of principle of legality. Firm, as a second premise, that the respect of the Public Administration to the binding judicial precedents carries out several constitutional principles, such as the of legal certainty - and its subprinciple of the protection of trust -, equality, free competition, access to justice, reasonable length of proceedings and efficiency, in addition to the duty of coherence and the fundamental right of those administered to good public administration. With that, it concludes that, from the combination of these principles, the legal norm “follow the Public Administration the binding judicial precedents", and an express rule with this content, therefore, the Public Administration is subject to judicial precedents binding under the principle of legality