The incidence of the principle of unavailability of the public interest in judicial transactions involving the Public Administration
The unavailability of the public interest is considered one of the most important principles of the legal-administrative regim in Brazil. From its various hypotheses of application, it is frequently spread by those who work with Administrative Law a mistaken idea that, by virtue of this pri...
Guardado en:
| Autor Principal: | |
|---|---|
| Formato: | Artículo revista |
| Lenguaje: | por |
| Publicado: |
Universidad Nacional del Litoral
2019
|
| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/8851 |
| Sumario: | The unavailability of the public interest is considered one of the most important principles of the legal-administrative regim in Brazil. From its various hypotheses of application, it is frequently spread by those who work with Administrative Law a mistaken idea that, by virtue of this principle, the Public Administration would not be authorized to conduct transactions to prevent or terminate judicial disputes. The article aims to study this theme, focusing on the movement of consensualization of Administrative Law and arguing that the unavailability of the public interest not only should not be seen as a hindrance to the accomplishment of these agreements, but also as a legal norm that ends up promoting, in several situations, the non-adversarial solution to these conflicts. |
|---|