Precedentes judiciais e sua utilização pela administração pública: forma de integração por meio da advocacia de estado

Abstract

This monograph aims to study judicial courts with an approach to their greater binding use in the Brazilian context by Public Administration. Initially, we studied the historical-theoretical part of the subject. In a second, the possibility of this link was demonstrated, as well as the need for this to happen in Brazil, given the axiological burden of the Constitution and legislation. Finally, in a third moment, the conventions - the importance of this binding occurring beyond the hypotheses permitted today (binding precedents and concentrated constitutionality control action), what they are and the predictions of this occurring. To this end, it was proposed the creation of Intelligence Sectors in prosecutors' offices for the identification and adaptive analysis of certain types of judicial decisions, whose actions are inspired by existing experiences. Furthermore, no need for legislative regulation was identified for this. The research was mainly bibliographic, on all national master's and doctoral works presented on the subject presented in the “Catalog of Theses and Dissertations” of the Coordination for the Improvement of Higher Education Personnel and in the “Brazilian Digital Library of Theses and Dissertations” of the Institute Brazilian Information in Science and Technology. In addition to being qualitative, it was also quantitative, jurisprudential and legal - given the analysis of statistical data produced on judicial litigation, rulings and relevant legislation -, as well as propositional, with the presentation of a solution to the problem discussed.