Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?
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Ricardo Perlingeiro
Full Professor (Professor Titular) of Law at Fluminense Federal University (UFF), Federal Appellate Judge (Desembargador Federal) in Rio de Janeiro, Member of Instituto Iberoamericano de Derecho Procesal and Member of the International Association of Procedural Law.
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.
About the author
Full Professor (Professor Titular) of Law at Fluminense Federal University (UFF), Federal Appellate Judge (Desembargador Federal) in Rio de Janeiro, Member of Instituto Iberoamericano de Derecho Procesal and Member of the International Association of Procedural Law.
© 2017 by Walter de Gruyter Berlin/Boston
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- Table of Contents
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- The Enigma of the Hong Kong Injunction Cases – A Perspective on Political Question Doctrine, Separation of Powers, Rule of Law and Universal Suffrage
- Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?
- Notes & Essays
- Constitutional Politics in Contemporary Hungary
- The Fiduciary Role of Members of Parliament and Ministers
- Developments Austria
- The Indiscriminate Ban on the Collection and Use of Data from Genetic Analyses Violates the Principle of Equality
- Unconditional Right to Object to the Inclusion of Data in a Publicly Available Data Application Violates Art 10 ECHR
- Developments CEE
- Constitutional Court of Bosnia and Herzegovina: Adjudication of Power-Sharing Arrangements in Sub-State Constitutions
- Hungarian Constitutional Court: The Unconstitutionality of Contracts and Amending Contracts via Legislative Measures
- Book Reviews
- Robert Schütze, European Union Law, Cambridge University Press, 2015 ISBN (paperback) 9781107416536 (GBP 39.99/ USD 64.99), ISBN (hardback) 9781107071209 (GBP 79.99 / USD 130)
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- The Enigma of the Hong Kong Injunction Cases – A Perspective on Political Question Doctrine, Separation of Powers, Rule of Law and Universal Suffrage
- Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?
- Notes & Essays
- Constitutional Politics in Contemporary Hungary
- The Fiduciary Role of Members of Parliament and Ministers
- Developments Austria
- The Indiscriminate Ban on the Collection and Use of Data from Genetic Analyses Violates the Principle of Equality
- Unconditional Right to Object to the Inclusion of Data in a Publicly Available Data Application Violates Art 10 ECHR
- Developments CEE
- Constitutional Court of Bosnia and Herzegovina: Adjudication of Power-Sharing Arrangements in Sub-State Constitutions
- Hungarian Constitutional Court: The Unconstitutionality of Contracts and Amending Contracts via Legislative Measures
- Book Reviews
- Robert Schütze, European Union Law, Cambridge University Press, 2015 ISBN (paperback) 9781107416536 (GBP 39.99/ USD 64.99), ISBN (hardback) 9781107071209 (GBP 79.99 / USD 130)
