Repercussões das decisões do STF em controle concentrado de constitucionalidade sobre os atos administrativos de que decorram efeitos favoráveis aos beneficiários
This text explores the evolution of the system of precedents in Brazilian law, highlighting the growing importance of binding judicial precedents, especially after the enactment of the Civil Procedure Code of 2015. Doctrine and specialized jurisprudence indicate that, although Brazil maintains the tradition of civil law, precedents are becoming central elements in the formation of the law, reducing the idea that codified law is the only source of law. Constitutional control does not escape this trend, as the decisions of the Supreme Federal Court (STF) generally have binding and retroactive effect, directly impacting administrative acts. The theme of the implications of STF decisions for the legal security of the administered arises in this context, especially in matters of revocation and annulment of administrative acts. The consequences of binding decisions are analyzed in light of constitutional principles such as legal certainty, good faith, and the protection of acquired rights. The need to balance the principle of legality with legal certainty stands out, presenting a challenge for legal practitioners and implying different interpretations regarding the application of STF decisions on the validity of administrative acts. It is concluded that although the power to modulate the effects of binding decisions is a prerogative of the STF, the nuances of concrete cases must be taken into account to ensure the protection of the administered and the stability of legal relations, without sacrificing the system of constitutional control and the formal and material supremacy of the Federal Constitution. Keywords: Binding precedentes. Administrative acts. Legal certainty.
Authors
- Diego Jean da Silva Klauck
Publication Details
- Journal
- Revista do Tribunal de Contas do Estado de Santa Catarina
- Published
- 2025-02-01
- DOI
- https://doi.org/10.52028/tce-sc.v02.i04.art03.sc
- Primary Topic
- Brazilian Legal Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00