O declínio da supremacia do interesse público sobre o particular com a constitucionalização do direito administrativo
This paper analyzed the principle of the supremacy of the public interest over the private interest in view of the constitutionalization of administrative law, seeking to verify the viability of the rule of prevalence that it enunciates in the context of the Democratic State of Law. Thus, in order t...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8100090 |
| Source: | Revista Controle: Doutrinas e artigos, ISSN 1980-086X, Vol. 19, Nº. 2, 2021, pags. 366-389 |
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| Summary: |
This paper analyzed the principle of the supremacy of the public interest over the private interest in view of the constitutionalization of administrative law, seeking to verify the viability of the rule of prevalence that it enunciates in the context of the Democratic State of Law. Thus, in order to understand the problem, a bibliographic search was carried out, in books and articles that deal with the topic directly or indirectly. At the end, it is concluded that the democratic environment leads to an active posture of the State in harmonizing society’s interests, which leads to the application of the principle of proportionality. Therefore, the idea of public interest supremacy over the private is incompatible with a democracy, as well as with human dignity, foundation of the Federative Republic of Brazil. This is because the positivation of fundamental rights and guarantees in the Constitution not only implies a state limitation about its duty of not infringing and saving them, but also imposes on the State the duty to enforce these values, which transmutes the old understanding of public interest. |
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