Súmulas administrativas e pareceres normativos como fontes do direito processual: por uma intrínseca efetivação da redução de litigiosidade pelo poder público

Abstract

Considering that the Public Power is among the main litigants in the country, the implementation of mechanisms that enable a reduction in the rate of litigation is increasingly discussed, through legislation, jurisprudence and through the interpretation of institutes that already exist today. Currently, there is even debate about the possibility of linking the Public Administration to judicial precedents, in order to prevent future demands on the Judiciary. There are instruments present in the Brazilian legal system, such as administrative summaries and normative opinions, which create the obligation for certain segments of the public sphere to comply with their dictates. Starting from a hypothetical-deductive method, the problem to be faced is: do administrative summaries and normative opinions constitute a source of Brazilian procedural law? The aim here is to develop an analysis of the possibility of inserting administrative precedents and normative opinions, understood here as administrative precedents, as sources of procedural law, so that, as with qualified precedents produced by the Judiciary, they begin to serve as basis for judicial decisions, reducing public power litigation and, at the same time, contributing to providing greater legal certainty to the system.