Realização de negócios jurídicos processuais pela fazenda pública: precedentes judiciais vinculantes e isonomia

Abstract

The 2015 Code of Civil Procedure established a new scenario in view of the possibility of carrying out procedural legal acts, by providing in its article 190 to its general clause. Consequently, since the Government has a large number of judicial demands, it is advisable to investigate the influence of such innovation in the Public Administration. The present research aims to investigate whether the procedural legal acts conducted between the Public Treasure and administrators generate binding judicial precedents that, in the future, under similar circumstances, it would have the power to impose a similar procedural agreement to the Government. The principle of isonomy is one of the essential axes of this study, as it is strongly present in the constitutional text, as well as in Administrative and Civil Procedural Law, imposing equal treatment on the partitions. It is in honor of the principle of equality that the application of judicial precedents arising from the conclusion of procedural legal acts between the Public Treasure and the administrated ones is defended. This monographic work also contemplates the determination of which procedural instrument would be more applicable for provoking the Judiciary, by the administration, in a situation in which there is a binding judicial precedent over procedural legal acts carried out by the public entity, but it refuses, unjustifiably applying it, even though all the necessary requirements for its application coexist.