PUBLIC ADMINISTRATION IN THE ERA OF JUDICIAL PRECEDENTS: THE NECESSARY REDEFINITION OF ADMINISTRATIVE JURIDICITY

Abstract

This paper discusses the influence of judicial precedents, notably those listed in article 927 of the Brazilian Civil Procedure Code of 2015, on the performance of Public Administration. Considering that in Brazil administrative activity is no longer based on strict legality, but on a broader principle, juridicity, which involves the complex system of constitutional rules and principles, the understanding is that not only judges and courts are binding to these judicial precedents, but also to the Public Administration, although there is no express provision in the procedural law in this regard. Indeed, a redefinition of administrative juridicity is proposed.