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Licensed Unlicensed Requires Authentication Published by De Gruyter February 8, 2017

Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?

Ricardo Perlingeiro
From the journal ICL Journal

Abstract

In view of the increasing number of repetitive judicial actions in public law issues, this text proposes reconsidering the guarantees of administrative due process of law - enshrined in the Brazilian Constitution of 1988 -, among them the effective independence of the administrative authorities, based on a comparative perspective between the Anglo-Saxon and Continental-European models concerning judicial protection of individual rights. The author is visibly concerned with searching for a better understanding of topics that are considered to be established dogmas in Brazilian law, such as the contradiction between the self-enforceability of administrative decisions and the need for the public authorities to initiate judicial actions against individuals; the distinction between the administrative procedure and the (judicial and non-judicial) administrative proceeding and their implications for individuals in court proceedings; impartiality without independence of the authorities in conducting a non-judicial administrative proceeding; scope of judicial review of the utilization of the margin of appreciation of factual/scientific matters in decisions made by public administrative authorities.

Published Online: 2017-2-8
Published in Print: 2016-3-1

© 2017 by Walter de Gruyter Berlin/Boston

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