The book Themes of Administrative Misconduct, published in the end of 2010, by Lumen Juris Publishing House, under the coordination of professors Flávio Cheim Jorge, Marcelo Bee Rodrigues and Eduardo Arruda Alvim, puts together articles from various authors of Administrative Law and Civil Procedural Law on current and controversial issues from Federal Law n° 8429, 1992.
In a chapter entitled “The violation of statement of Binding Precedent is an act of improper conduct?”, Teachers Bruno Dantas Nascimento and Henrique Savonitti Miranda analyze paragraph 3 of article 56 and articles 64-A and 64-B of the Federal Law n° 9.784/1999 (which regulates administrative procedure at the federal level) in light of Federal Law n° 11.417/2006 (which governs the editing, the review and the cancellation of statement of binding precedent by the Supreme Court), investigating whether deliberate breach of statement of binding precedent by a public official is an act of improper conduct that violates the principles of public administration.
According to the author of preface of the book, Professor Teori Albino Zavascki, Minister of the Superior Court of Justice, “Topics of Administrative Misconduct’ of highest social, political and legal relevance have been entrusted to a remarkable selection of Brazilian experts in Procedural Law and Administrative Law, and here they are, confronted and dissected with high technical accuracy and remarkable scientific expertise. You have to read to believe”.
