THE USE OF PRECEDENTS AS A GUARANTEE OF LEGAL SECURITY IN ADMINISTRATIVE PROCEEDINGS

Abstract

The present article aims to analyze the impacts of the absence of administrative precedents in the decision-making process facing the constitutional principle of legal certainty in the Brazilian legal system. To this end, the incompatibility of the content of the decisions with the constitutional and infra-constitutional norms in force is analyzed through a qualitative analysis methodology with a hypothetical-deductive approach of descriptive and analytical character. In this context, it is aimed to discuss the need for the creation of decision parameters to safeguard a possible emptying of the constitutional text due to the use of principles as the basis of decisions.