THE USE OF PRECEDENTS AS A GUARANTEE OF LEGAL SECURITY IN ADMINISTRATIVE PROCEEDINGS
DOI:
https://doi.org/10.51891/rease.v9i3.8911Keywords:
Principles. Juridical security. Administrative Procedure. Decision.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.
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Published
2023-03-31
How to Cite
Braga, C. A. da S. ., & França, V. da R. . (2023). THE USE OF PRECEDENTS AS A GUARANTEE OF LEGAL SECURITY IN ADMINISTRATIVE PROCEEDINGS. Revista Ibero-Americana De Humanidades, Ciências E Educação, 9(3), 1020–1033. https://doi.org/10.51891/rease.v9i3.8911
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Atribuição CC BY