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- Title
DIREITO ADMINISTRATIVO DO BRASIL EM 2021: BALANÇO E DESAFIOS.
- Authors
SUNDFELD, CARLOS ARI
- Abstract
This article contains a general presentation on Brazil’s administrative law. The first section approaches the foreign influences it absorbed, as well as the paths it followed in its historical construction, from the formation of the independent state, in 1822, to present days, passing through nationalization and privatization movements and several authoritarian periods, which ended in 1985 with the redemocratization that led to the 1988 Constitution, still in force today. The second section indicates the concepts most used in the literature and in positive law. The third deals with the great ideas that have prevailed among administrative law theorists and practitioners, highlighting the ever-present strength of statism and antiliberalism. The fourth section is about the degree of uniformity or plurality that exists in Brazil regarding an administrative legal regime. Finally, the fifth section, based on a diagnosis of the defects of current Brazilian administrative law, discusses possible orientations for its reform, including the reduction in the number of constitutional norms on public issues.
- Publication
European Review of Public Law, 2021, Vol 33, Issue 2, p559
- ISSN
1105-1590
- Publication type
Article