Banca de DEFESA: FABIO JOSÉ VARELA FIALHO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : FABIO JOSÉ VARELA FIALHO
DATA : 30/01/2018
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

ACTION Of ADMINISTRATIVE DISHONESTY AND Of FUNDAMENTAL RIGHTS EFFECTIVENESS

PALAVRAS-CHAVES:

 administrative dishonesty. Fundamental rights. Administrative control.

PÁGINAS: 122
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

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.

MEMBROS DA BANCA:
Presidente - 2230148 - ERICK WILSON PEREIRA
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - PAULO LOPO SARAIVA - UnP