Poder normativo setorial das Agências Reguladoras e precedentes (não) vinculantes

The article has the intent to investigate the relation between the Judiciary and the Regulatory Agencies’ normative competence, specially when it comes to appealability of the administrative act and its bindingness (or not) to precedents, along with the new systematization brought by the Civil Procedure Code of 2015. From an extensive bibliographic review and study of the legal diploma on the matter, the process of sectorization and specialization of Public Law is carefully analyzed, in the view of the recognition of managerial autonomy to regulatory agencies in the discipline of social subsystems of greater technicality. Furthermore, the large appealability of administrative acts will be presented as an adequate instrument to make decentralization compatible with the necessary guarantee of the constitutional order, investigating the limits and contours of judicial review. Finally, the research explores the system of precedents – in particular, the so-called binding precedents, contained in article 927 of the CPC –, which is followed by the conclusion that the high technical specificity of the regulated subsystems requires full autonomy from the regulatory body in the exercise of its normative competence, except for the hypothesis of binding to judicial decision because of the authority of the material res judicata.