Administrative participation as fundamental right

Authors

  • Fabio Gomes dos Santos Universidade de São Paulo

DOI:

https://doi.org/10.11606/issn.2319-0558.v1i2p436-453

Keywords:

participation, popular participation in the public administration, administrative participation, democratic administrative law, fundamental rights, political rights.

Abstract

This article aims at analyzing if the citizen's participation in the Administration could be seen as a fundamental right, political in nature. Regarding the current expansion of democracy, special atenttion shall be given to the participation in the Public Administration and several doctrinal definitions are presented on the matter. It's acknowledged the legal basis as a way to justify the participation in Brazil, mainly due to the country's status as a Democratic State of Law. In addition, it adresses the question on the participation in the Public Administration as a fundamental right based on the popular sovereignty.Taking these previous considerations into account, its insertion under the political rights is analysed through the interpretation of the brazilian law. In conclusion, the ponderations regarding the necessity of acting prudently when dealing with this particular participation are presented.

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Author Biography

  • Fabio Gomes dos Santos, Universidade de São Paulo

    Bacharel pela Faculdade de Direito do Largo São Francisco - FDUSP e mestre Direito do Estado pela mesma instituição. Pesquisador do NEPAD - USP e advogado.

Published

2014-07-01

Issue

Section

ARTIGOS CIENTÍFICOS

How to Cite

Administrative participation as fundamental right. (2014). Revista Digital De Direito Administrativo, 1(2), 436-453. https://doi.org/10.11606/issn.2319-0558.v1i2p436-453