Banca de DEFESA: LEONARDO CARMO RIBEIRO DE LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LEONARDO CARMO RIBEIRO DE LIMA
DATE: 25/11/2022
TIME: 08:30
LOCAL: FACULDADE DE DIREITO DE ALAGOAS
TITLE:

CRITICAL ANALYSIS OF THE PRESUMPTION OF VERACITY OF THE ADMINISTRATIVE ACT IN THE LIGHT OF THE DUE DEMOCRATIC PROCESS: The reflexes of a constitutionalized Administrative Law and of the new technologies in the Administrative routine.

KEY WORDS:

Administrative democracy. Administrative due process of law. Presumption of veracity of the administrative act. Reversal of the burden of proof. New technologies.

PAGES: 141
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Administrativo
SUMMARY:

Brazilian doctrine, followed practically in unison by jurisprudence, has long recognized the presumption of veracity of administrative acts as one of its elementary attributes, the consequence of which is the reversal of the burden of proof in detriment of the individual, leaving the latter to demonstrate the untruthfulness of the facts consigned by the state agent. It so happens that forensic practice has shown that this doctrinal and jurisprudential construction has been used by the State in order to subject the administered to the authority of its acts, without being given the ability to effectively question it. In this context, we propose to carry out a critical analysis of the attribute of the presumption of veracity of the administrative act, now under a contemporary view of the 1988 Constitution, whose basic precepts reinforce a state supported by the democratic regime of law, and that among the list of fundamental guarantees, it is expressly foreseen that the Administration respects the adversary system and ample defense, corollaries of the due processo of law. Furthermore, as we see that the problem intensifies precisely at the moments when the Public Administration behaves as an accusing State, we will direct the study towards the punitive (sanctionary) act, in which there is an imputation of penalty to the individual. In this sense, given the circumstance that the punitive intention of the Administration is expressed, to a large extent, through the exercise of its police power, we will also enter into this theme, emphasizing new technologies as an element to be taken into account in the reflection on the need for proof of administrative offenses by the State.

BANKING MEMBERS:
Presidente - 2223577 - GABRIEL IVO
Interno - 1317139 - FILIPE LOBO GOMES
Externo à Instituição - RICARDO SCHNEIDER RODRIGUES - CESMAC