A TEORIA DOS PRECEDENTES ADMINISTRATIVOS E A INSTRUÇÃO NORMATIVA 152023 DA AGÊNCIA NACIONAL DE MINERAÇÃO

Abstract

In 2017, the National Mining Agency (ANM) was created as a agency, which regulates federal public administrative actions in the mining sector through Law 13.575/17. In this context, considering that it arises within the scope of autonomy delegated by the Regulatory Agencies Law (13,848/2019) a sui generis character in the absence of hierarchical linkage and subordination, the incident issue is defined as follows: given the independence of the duties of the National Mining Agency's activity, is it necessary to work with administrative precedents and partially derogate from the cognition of the principle of strict administrative legality? It is under this scenario that the scientific excerpt will delve into, justifying the need for legal certainty in the sector, initially bringing forth elementary concepts of precedential doctrine, subsequently presenting administrative doctrinal elements, and finally reflecting on results already created within the National Mining Agency. Lastly, regarding methodology, the research is qualitative, carried out through bibliographical review, using the deductive method of analysis, so that this research can contribute to the pursuit of predictability and confidence in the system.