O princípio da participação popular como direito fundamental no âmbito do processo administrativo brasileiro

Abstract

Law is the science that deals with the regulation of all aspects of human behavior. Questions dividend , social , family, economic , humanitarian , evaluative , finally , nothing escapes the control of a legal prescription that has in the Act , in a broad sense , its formulation essential. Stanchion with this premise , and considering all the legal rules incident in the relations between citizens and Government Executive / management, is that it gave the line of scientific research in focus . Accordingly , the aim of the research is on the screen to confirm the hypothesis that the observance of the principle of popular participation is , in fact, a fundamental right capable of achieving in practice , other fundamental rights worth up to do so, the vehicle of the administrative process within the three spheres of the Brazilian federation . Considering the methodological aspect , the research was guided by the following methodology: a) with respect to the objectives , the work took the form exploratory in that it undertook a thorough analysis of legal texts , jurisprudential understandings and field research with relation to the main theme , in order to clarify the impact of legislation and the exercise of jurisdiction in terms of the effectiveness of fundamental social rights in the lives of citizens, and the reflections generated by these technical sources on extrajudicial , b ) as the technical procedures , the typology of research followed mainly the way literature . With regard to the methods employed in the present study , preference was given to the following : a) the method of dialectical approach , the investigation of phenomena that are processed through the dialectic itself inside the body social , b ) method monographic procedure because the proposal was to be able to investigate the problem in bounded maximum possible aspects surrounding it . The problems faced in this research refers to the legitimacy of the acts of public officials against Brazilian citizens ( recipients of primary public interest ) , with the direct assistance of the principle of popular participation and administrative process in varied demands presented diuturnamente administratively . Anyway , it is believed that the work to be performed may become benefits to society , as it will provide the same scientific data , especially in the area procedural administrative as well as academic and law professionals , contributing to the evolution cultural collective consciousness regarding the legal relations carried out between the Government and the social body .