The new Brazilian Civil Procedure Code and the Administrative Procedure

Abstract

The administrative process will be impacted by the new Brazilian Civil Procedure Code. Nonetheless, public bodies have not attack for that matter. One of several cases of possible approximation of the New Code with the administrative process will be the part that refers to the reasoning of judicial decisions. We analyze in this paper the approach of Civil Procedure, as a model for the Administrative Procedures, although the application occurs in a supplementary or alternative way. The New Code has explicit provision on the supplementary application to administrative procedures. It will be an approximation of the Civil Procedure Law and Administrative Law doctrines, in order to find a democratic discourse for such an application. An approach that has much to contribute to the public interest.