AS MÁXIMAS DA EXPERIÊNCIA E SUA APLICABILIDADE AOS ATOS ADMINISTRATIVOS DECISÓRIOS DA PREVIDÊNCIA SOCIAL

Abstract

The maxims of experience — traditionally originating from the theory of evidence in judicial proceedings — emerges as a powerful instrument for strengthening the rationality and effectiveness of Administrative Law, particularly within administrative proceedings. In the context of administrative decisions, the control of discretion, and the reasoning of state acts, the application of the maxims of experience can contribute to more coherent, fair, and constitutionally aligned administrative action. In general terms, the maxims of experience consist of value judgments based on common knowledge and the repeated observation of social facts, which guide the interpreter or decision-maker in forming their conviction. They represent a form of practical rationality, built from both collective and individual experience, enabling an understanding of reality that is plausible, contextualized, and sensitive to the concrete circumstances of each case. Thus, public officials may rely on these maxims to interpret facts, assess evidence, and ground their decisions based on what ordinarily occurs in social life, taking into account a specific spatial and temporal context. This article aims to examine the contributions of the maxims of experience — especially in light of Article 375 of the Code of Civil Procedure — within the context of administrative decision-making in social security matters. The study seeks to evaluate how this procedural rule, originally designed for judges, may also be applied by public officials in administrative decisions, considering the specificities of social security procedures and the social nature of the relationships that comprise them.

Keywords: maxims of experience; legality; administrative acts; juridicity.