Banca de QUALIFICAÇÃO: KEZIA SAYONARA FRANCO RODRIGUES MEDEIROS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : KEZIA SAYONARA FRANCO RODRIGUES MEDEIROS
DATE: 20/07/2023
TIME: 16:00
LOCAL: Faculdade de Direito de Alagoas (FDA)
TITLE:

ADMINISTRATIVE SILENCE AND REGULATORY POWER: reflections on the (non) application of the presumption of legitimacy and legality in regulatory omissions by the public administration

KEY WORDS:

ADMINISTRATIVE SILENCE. REGULATORY POWER. OMISSION. REMOVAL OF THE PRESUMPTION OF LEGITIMACY AND LEGALITY. BREACH OF GOOD FAITH. COMBATIVE CHARACTER. CONSTITUTIONAL VIEW OF THE PRINCIPLE OF GOOD ADMINISTRATION.

 

PAGES: 103
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Administrativo
SUMMARY:

   It is a revisitation of the theory of administrative silence, this time approached from the point of view of the omission in the exercise of regulatory power and the details of its analysis focus on social, political, philosophical and historical aspects that contributed to the consolidation of three important instruments that permeate the performance of public administration, namely, normative or regulatory power, the attribute of the presumption of legitimacy and the principle of legality or juridicity, as well as the reckless consequences of their distortion, especially when interconnected by specific legal relationships.

   From this perspective, we analyze the circumstances related to the corollaries of objective good faith and legitimate trust in the combination of those that are a power, a principle and an attribute, related to Administrative Law, as well as the aspects that were conferred on them throughout the years. times and the legal and social consequences, establishing a link of cause and effect.

   Thus, we seek to understand the details of the denial of a right by the public manager to the administered, whose proper regulation did not exist on the part of the administration and which denies it on the grounds of release due to normative absence and such conduct appears presumably legitimate.

   In a systematic way, elements related to the limitations of power, enshrined after the French Revolution, are discussed, either by the fundamentalist bias of the limitations established by the separation of powers, or by the idea of self-binding of the Executive Power itself, through the jurisprudence of the Council of State French, and relate them to the need to assign powers, duties and responsibilities to public administration, which have been consubstantiated over time, in order to achieve the public interest.

BANKING MEMBERS:
Presidente - 1458406 - FABIO LINS DE LESSA CARVALHO
Interno(a) - 2121407 - ANDREAS JOACHIM KRELL
Interno(a) - 1317139 - FILIPE LOBO GOMES