Banca de DEFESA: JOSÉ MARÇAL DE ARANHA FALCÃO FILHO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSÉ MARÇAL DE ARANHA FALCÃO FILHO
DATE: 26/01/2023
TIME: 09:00
LOCAL: FDA
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PAGES: 97
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Administrativo
SUMMARY:

The present study refers to the impacts that the 10 articles brought to the legal scenario by Law n. 13.655/2018 will represent in the Public Manager's way of acting, taking into account that the full observation of his commands will bring greater legal certainty, contextualization and linkage to the reality affected by the decisions arising from the Judiciary, often disconnected from the reality that surrounds him when interprets public management rules. Law n. 13.655/2018, of a structural nature, was intended to change a pernostic reality that still surrounds the manager and can bring quite substantial collective results if well received by the legal community. Exploring some administrative dogmas and justifying the need for their respective overcoming, the text seeks to demonstrate that the rampant judicial activism that has been affecting Brazil can and must be reduced for the good of the good public manager, who is in a current scenario of decision-making panic and fear of innovation. The consequentialism of articles 20 and 21 denotes the legislator's concern with decisions that are attentive to their consequences. The contextualization of article 22 aims to bring the judge closer to the situation analyzed by him, connecting him in an empathic way to the evidential bulk of the case. The transitional regime of article 23 aims to reduce the social damage caused by changes in legal understandings, by guaranteeing the existence of transition periods. The possibility of punishing managers only in cases of willful conduct or fraught with serious fault reveals a greater relationship with the good manager from the text of article 28. Administrative precedents gain such importance with article 30.

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