masterThesis
Ação de improbidade administrativa e efetivação de direitos fundamentais
Fecha
2018-01-30Registro en:
FIALHO, Fábio José Varela. Ação de improbidade administrativa e efetivação de direitos fundamentais. 2018. 121f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2018.
Autor
Fialho, Fábio José Varela
Resumen
This essay exposes the result of a scientific study that had to pretend to analyse the main
issues and discussions related to misconduct and administrative action of fundamental rights
guaranteed by the brazilian Federal Constitution of 1988, which in middle of a doctrinal logic
tour analyzes technically the emergence and evolution of such fundamental rights, and that by
a transverse route, under a constitutional bias may or may not be enforced by reflexes in
headquarters of the actions of administrative misconduct, taking into account primarily the
phenomenon of judicial activism in Brazil. Employing the technique of indirect
documentation by means of bibliographical research, initially presented the concepts about
fundamental rights, your historical evolution and constitutionalisation in the Brazilian legal
system. After going to explain, comprehensively, over the control of the public
administration, explaining ways that the current brazilian society has to supervise the public
managers. Then, enter more deeply into the topic administrative control, follow the discussion
to the subject-specific administrative misconduct, listing the main points of the legislation,
primarily the law n° 8,429/1992 (Act of Misconduct Administrative), doctrinal positions, and
technical aspects, including the legal controversies, such as, if there's applicability or not of
administrative misconduct action in the face of the political agents. If brings a statistical study
of the judicial activity of the sub-section of Natal/RN of the Federal Court of 5° region,
regarding the actions of administrative misconduct, numbers that reflect the reality of the
effectiveness of the jurisdictional provision of the sticks. At the end, you have answered the
question, if the action of administrative misconduct may or may not have them in place some
fundamental rights constitutionally guaranteed, as well as criticism over the issue, and
suggestions for change for the better effectiveness of control system of public administration.