Banca de DEFESA: ARNALDO RODRIGUES BEZERRA NETO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ARNALDO RODRIGUES BEZERRA NETO
DATE: 25/08/2023
TIME: 11:00
LOCAL: Presencial - Sala 1 (PPGD)
TITLE:

THE NORMATIVE FORCE OF THE NEMO TENETUR SE DETEGERE PRINCIPLE IN ADMINISTRATIVE FINES FOR MERE REFUSAL TO TAKE THE BREATHALYZER TEST: A CRITICAL ANALYSIS IN THE LIGHT OF LEGALITY

KEY WORDS:

Juridicity; public governance; public interest; nemo tenetur se detegere; refusal to take an alcohol test.

PAGES: 129
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The Juridicity, an evolving concept of the legality principle, corresponds to the central object of analysis of this dissertation. In this vein, within the Public Administration, especially in the context of administrative sanctioning law, it was sought to analyze the political-historical aspects and the content of the liberal constitutionalism until the post-positivism in order to demonstrate the theoretical-dogmatic effectiveness, in contemporary times, of the principle of Juridicity, which requires a legal hermeneutics from the observance of laws and rules in conjunction with the system of values and principles of the Brazilian legal system, always in light of the normative force of the Federal Constitution. Thus, in the development of the work, in a critical-reflexive way, a concept of public interest was built - supreme public interest - in which the proposed supremacy is embodied in a compatibilization of individual and collective rights in the exegetical praxis, opposing the classic administrativist expression of the prevalence of the public interest over the private. In this context, we intend to confirm, under the hypothetico-deductive approach as well as in light of the nature and purpose of the applied research - of the theoretical type - of a descriptive and exploratory nature, the assertion that Juridicism constitutes a legitimate mechanism of public governance. To confirm the proposition, various theoretical references were used, such as comparative constitutional analysis, analysis of normative texts and jurisprudence. At the end, the theme of the paper was deepened in a case study within the scope of administrative traffic sanctioning law, specifically, in the critical-legal defense of the non-indispensability of the principle nemo tenetur se detegere (non-self-incrimination), under the prism of legality, in situations where the judicial or administrative understanding supports the penalty in the administrative sphere of the driver who merely refuses to take the breathalyzer test offered by a State surveillance agent, even without presenting alteration of psychomotor capacity.

COMMITTEE MEMBERS:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO
Externo à Instituição - PAULO LOPO SARAIVA - MaterChrist