The Law of Introduction to the Rules of Brazilian Law and the expansion of the control parameters of administrative acts: a new paradigm

被引:0
|
作者
Vitorelli, Edilson [1 ]
机构
[1] Univ Presbiteriana Mackenzie, Sao Paulo, SP, Brazil
关键词
Introduction to Brazilian Law Statute; LINDB; Control of administrative acts; Substantial control; Consequentialism;
D O I
10.21056/aec.v19i78.1150
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper explores the horizons of control of governmental acts, taking as starting point the new text of the Introduction to Brazilian Law Statute (LINDB, in Portuguese), passed in 2018. I demonstrate that the new statute broadens the parameters of control, by definitely abandoning the idea of formal legality, to promote a substantive control of the acts. In this context, LINDB includes commands to control the proper evaluation of abstract legal values and also of the consequences of the administrative decisions. The presence and truthfulness of this motives, as of any other motives, are verifiable by the authorities in charge of controlling public activities, by the prosecution and by the judiciary.
引用
收藏
页码:195 / 219
页数:25
相关论文
共 50 条