Rational limits to discretionary powers regarding the admission of public agents

Authors

  • Flavio Antonio de Oliveira

DOI:

https://doi.org/10.11606/issn.2319-0558.v1i2p409-426

Keywords:

admission to the public service, disability administrative act, rational motivation, fundamental rights, morality, reasonableness and proportionality, normative system.

Abstract

This article aims to defend the legitimacy of the fundamental principles and values, especially expropriating the legality, morality, reasonableness and proportionality as rational criteria to cope with the administrative-technical expert examination in certain cases of inadmissibility in public service from the perspective of strict infra-legal norms without a normative systematic look to ensure the fundamental rights of the winner and named in a public contest over the administrative act of disability. Thus, the study built with basis in exegesis of legal paternal to the principles of maximum effectiveness of constitutional norms, the reasonableness and proportionality, true vectors interpretive rationalization in the elucidation of the subject.

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Published

2014-04-07

Issue

Section

ARTIGOS CIENTÍFICOS

How to Cite

Rational limits to discretionary powers regarding the admission of public agents. (2014). Revista Digital De Direito Administrativo, 1(2), 409-426. https://doi.org/10.11606/issn.2319-0558.v1i2p409-426