Banca de DEFESA: KEZIA SAYONARA FRANCO RODRIGUES MEDEIROS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : KEZIA SAYONARA FRANCO RODRIGUES MEDEIROS
DATE: 25/10/2023
TIME: 14:30
LOCAL: FDA - UFAL
TITLE:

 

 

 

SILENCE IN THE REGULATORY POWER: REFLECTIONS ON THE EFFECTS OF THE PRESUMPTION OF LEGITIMACY IN OMISSIONS OF STANDARDS BY THE PUBLIC ADMINISTRATION

KEY WORDS:

 

 

 

Normative power; omission; presumption of legitimacy; legality; Legality; good faith.

PAGES: 160
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Administrativo
SUMMARY:

The research arose from the need for specific academic and legal debate and even indication of a solution for the elements of bad faith that arise from the omission in the exercise of the normative power of the Public Administration, - both in the role of the Executive Branch, as well as in administrative functions. inherent to the Legislative and Judiciary Powers. This is an academic-scientific invitation to visualize a possible scenario of application of the theory of administrative silence based on the omission in the exercise of normative 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 power, the attribute of the presumption of legitimacy and the principle of legality or legality, as well as the reckless consequences of their distortion, maximum when interconnected by specific legal relationships . The investigation sheds light on what has come to be called normative administrative silence, based on the triad: negation (of right or request), invocation (of legality, due to the absence of a norm), shielding (in the presumption of legitimacy). In structuring this possible institute, the relationship between normative power and the attribute of the presumption of legitimacy and the principle of legality and its consequent configuration in the fields of good faith and legitimate trust are discussed, suggesting, in due course, that they be established conditions in the legal system, a kind of prohibition against contradictory conduct, opportunely raising duties inherent to the signage, this with the purpose of, at the same time: a) recovering from the administrator his office, as an instrument for optimizing rights and b) offer the recipients of the unedited rule the possibility of continuing in the search for the good of life until then under obstacles generated by the Public Administration.

COMMITTEE MEMBERS:
Presidente - 2121407 - ANDREAS JOACHIM KRELL
Interno(a) - 1317139 - FILIPE LOBO GOMES
Externo(a) à Instituição - VALTER SHUENQUENER DE ARAÚJO - UERJ