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The doctrine of the administrative act throughout the thirty years of the Brazilian Constitution of 1988: what has changed?

Abstract

This study presents the major changes undergone by the administrative act since the enactment of the Constitution of 1988. If, back in 1988, some jurists already sustained the three-tier doctrine, and, accordingly, the possibility to change the act, the commitment with legalism was virtually settled. The advances introduced by the so-called neoconstitutionalism gave rise to a radical reformulation of the doctrine. Consequently, praeter legem and contra legem administrative acts became a possibility, albeit by way of exception. Weighing the act became a must, both before its issuance and so as to allow for identification of any defects in it and for cure thereof. Aside from profoundly reformulating the doctrine of cessation and of modification, scientific advances caused the death of both Administration acts and political acts.

Keywords:
administrative act; neo-constitutionalism; discretion; administrative decision; invalidation of administrative act

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