Direito ADMINISTRATIVO: Conceito, Fontes e Princípios║Resumo Animado

Summary

In this video, the speaker explores key concepts of Administrative Law, focusing on its definition, principles, and sources. They discuss various definitions from prominent legal scholars, emphasizing the distinction between the public interest and individual rights. Key principles like the supremacy of public interest and the unavailability of public interest are covered, along with the classification of public interest into primary and secondary categories. The sources of Administrative Law, such as law, doctrine, jurisprudence, and customs, are explained, detailing their roles in shaping legal practices. The video provides valuable insights for anyone looking to understand the basics of Administrative Law.

Takeaways

• 😀 Administrative law is a branch of public law that regulates administrative functions and the agencies that perform them.
• 😀 Celso Antônio Bandeira de Mello defines administrative law as governing the function of public administration and the bodies that execute it.
• 😀 Maria Silvia Zanella de Pietro sees administrative law as concerning the public administration's bodies, agents, and activities in the public interest.
• 😀 Eli Lopes Meireles views administrative law as a set of principles governing public administrative activities that aim to achieve the state's objectives.
• 😀 The two supreme principles of administrative law are the supremacy of the public interest over private interests and the non-disposability of public interest.
• 😀 The principle of supremacy of the public interest allows administrative actions that may override individual desires to serve the collective good.
• 😀 The non-disposability principle ensures that no public body, agency, or agent can relinquish public property unless expressly regulated by law.
• 😀 Public interest is divided into primary public interest (focused on public needs like health, safety, justice) and secondary public interest (focused on maximizing state revenue and assets).
• 😀 The Constitution (Article 37) establishes key principles for public administration: legality, impersonality, morality, publicity, and efficiency.
• 😀 The main sources of administrative law are: law (primary source), doctrine (secondary source), jurisprudence (secondary source), and customs (secondary source).

Q & A

What is the definition of Administrative Law according to Celso Antônio Bandeira de Mello?

According to Celso Antônio Bandeira de Mello, Administrative Law is a branch of public law that regulates the administrative function and the organs that exercise it.

How does Maria Silvia Zanela de Pietro define Administrative Law?

Maria Silvia Zanela de Pietro defines Administrative Law as a branch of public law that concerns the organs, agents, and legal entities of public administration, as well as the non-contentious legal activities they perform and the resources they use to achieve their public objectives.

What does Eli Lopes Meireles say about the nature of Administrative Law?

Eli Lopes Meireles states that Administrative Law is a harmonious set of legal principles that govern the organs, agents, and administrative activities aimed at directly and immediately achieving the goals set by the State.

What are the 'super principles' in Administrative Law?

The 'super principles' in Administrative Law are the Supremacy of the Public Interest over private interests and the Indisposability of Public Interest, which serve as the foundation for all other principles and norms within the field.

What does the principle of the Supremacy of the Public Interest entail?

The principle of the Supremacy of the Public Interest asserts that the interests of public administration align with the interests of the collective. As a result, measures can be taken that go against the will of private individuals in the interest of public good.

What is meant by the principle of the Indisposability of Public Interest?

The principle of the Indisposability of Public Interest means that no public entity or agent can relinquish or disregard public goods unless it is explicitly regulated by law.

What is the difference between primary and secondary public interest?

Primary public interest refers to activities that directly meet the basic needs of the collective, such as security, health, and justice, through external state activities. Secondary public interest pertains to the state's internal activities that maximize its own interests, including revenue generation and increasing its assets.

What does Article 37 of the Federal Constitution state about public administration?

Article 37 of the Federal Constitution requires that public administration, both direct and indirect, of any government level (Union, States, Federal District, and Municipalities) adhere to the principles of legality, impersonality, morality, publicity, and efficiency.

What are the primary sources of Administrative Law?

The primary sources of Administrative Law include laws, doctrines, jurisprudence, and customs. Laws are considered the main source, while doctrines, jurisprudence, and customs are secondary but still influential.

How do customs function as a source in Administrative Law?

Customs serve as a secondary source of Administrative Law, mainly filling gaps in legislation. For a custom to be applied, it must be widely accepted and obligatory, and it cannot contradict established law (contra legem).