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Estudios Socio-Jurídicos
versão impressa ISSN 0124-0579
Resumo
VARGAS ROZO, Oscar Eduardo. THE NORMATIVE CHARACTER OF ADMINISTRATIVE LWA PRINCIPLES. Estud. Socio-Juríd [online]. 2002, vol.4, n.2, pp.247-264. ISSN 0124-0579.
The reception in the Administrative Law general principles represents, in the contemporary doctrine, one of the most important advances to obtain an adequate balance in the relations that the Public Administration establish with individuals. This prevents arbitrary activities by the administration originate under a supremacy given by the juridical in order to satisfy public interests. Likewise, next to its function of guaranteeing against Administration power arbitrariness, especially when we face discretional acts, the general principles of Law also like guidance to make efficient and rational the way administrative authorities function. The general principles of Law and the general principles of Administrative Law, nowadays are part of the legal block that guide the administrative action, thanks to the overcoming of the synonymy between statute of law an Law. In this document an analysis is made between reasons and foundations that work for support these affirmations, some of which if may seem to be logical and inevitable accepted, but they do not appear to be considered by the Public Administration, which is trapped in a straitjacket of a mistaken and overcoming formal concept of legality.