LINDB Direto ao Ponto: Art 23 Quando o entendimento muda, o passado precisa ser respeitado

You followed the understanding that the agency itself provided at the time. You adjusted your operation, entered into contracts, and conducted your activity in accordance with what was considered regular. A year later, the understanding changed, and what you did began to be treated as irregular. Article 23 of the LINDB (Brazilian Law of Introduction to the Norms of Brazilian Law) was created for this problem. Public law operates with open norms, texts whose meaning is constructed through interpretation. When this interpretation changes abruptly and retroactively, those who acted in good faith based on the previous guidance are punished for having trusted what the agency itself understood as correct. In this episode: what does Article 23 require when there is a change in interpretation of a norm with indeterminate content, and what happens when this requirement is not observed? The provision imposes a transitional regime "when indispensable" so that the new understanding is implemented equitably, efficiently, and without prejudice to those who trusted the previous guidance. The condition "when indispensable" is the most disputed point, and the doctrine offers the most consistent criterion for defining it. This episode also covers the veto of the sole paragraph, which would have allowed for negotiation of the transitional regime, and what this veto reveals about the true scope of the provision. Topics covered: — The problem of hermeneutical fragmentation and abrupt change of understanding — What counts as "norm of indeterminate content" — What qualifies as "previous interpretation" for the purposes of Article 23 — The forms that the transitional regime can take — The condition "when indispensable" and its criteria — The veto of the sole paragraph and what remains — The connection with Article 24 LINDB Direct to the Point is a complete series on Articles 20 to 30 of Law 13.655/2018, the reform that redefined how the Public Administration decides, controls, and holds accountable. #LINDB #AdministrativeLaw #PublicLaw #Law13655 #LegalCertainty #RegulatoryLaw #ChangeOfInterpretation #TransitionalRegime