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- Title
A interamericanização do direito administrativo sancionador brasileiro: reflexões sobre o princípio da tipicidade da infração disciplinar a partir do diálogo judicial internacional.
- Authors
Leite de Resende, Augusto César; Alberto Molinaro, Carlos
- Abstract
Brazilian doctrine and jurisprudence affirm that it is not applicable in the scope of administrative sanctioning the principle of typicality, so that administrative infractions could be imposed in the legislation in an open and imprecise way. However, the opening of international law to national legal systems provide for the establishment of a dialogue between jurisdictions, to enable the settlement of a constructive relationship of learning, mutual exchange and improvement, ensuring promotion and protection of human rights. Thus, this article aims to examine, from a doctrinal, legislative and jurisprudential research, the compatibility of open disciplinary types with the principle of typicality in art. 9 of the American Convention on Human Rights. This shall be reflected on the impact the decision of the Inter-American Court of Human Rights handed down in Case López Lone and others vs. Honduras, regarding the incidence of "Right to a Fair Trial" provided for in the Pact of San José, Costa Rica, the Brazilian legal system disciplinary. In the end, it is concluded that administrative sanctioning types that do not provide sufficient elements for the characterization of unlawful conduct are invalid because they violate the American Convention on Human Rights.
- Publication
A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional, 2019, Vol 19, Issue 76, p153
- ISSN
1516-3210
- Publication type
Article
- DOI
10.21056/aec.v19i76.1044