O conceito de prescrição aplicável aos principais institutos de direito administrativo / Concept of statute of limitation applicable to the main codes of the Administrative law
AUTOR(ES)
Valério Rodrigues Dias
DATA DE PUBLICAÇÃO
2005
RESUMO
In the present work, the applicability of the concept of statute of limitation to the main codes of the Administrative law is addressed. As the statute of limitation manifests in both penal and non-penal domains, our objective was, at first, to construct a concept of limitation that would be applicable to any branch of the law, setting forward with the concept of claim. For this purpose, we accessed the Theory of Subjective Right, upraising its studies in the area of Public Law. Following, once evidenced that the concept of subjective right belongs to the General Theory of Law, we concluded that limitation, as a form of expressing the liability of subjective right, and limitation, as a generator of the extinction of the claim, are also inherent concepts to the General Theory of Law. Once this section is overcome, supported in Pontes de Mirandas thought of the verticality of the active situations, that is, subjective right claim material action, we intended to present the administrative act as a form of satisfaction or accomplishment of the liability of the public subjective right of the State. Once these ideas are accepted, we formulated the concept of limitation, as a mean of extinguishing the claim, pointing its elements and assumptions. Finishing, we demonstrate the applicability of the limitation concept to the main codes of Administrative Law, coming across theoretical support that would be enough safe to hold up our reasoning, distant from the conception that the statute of limitation extinguishes the legal action, in accordance with a significant parcel of the doctrine, and also, with the Administrative Law.
ASSUNTO(S)
exigibilidade statute of limitation claim ciências humanas prescrição (direito) direito administrativo public subjective right direito subjetivo público atos administrativos pretensão administrative act requirement
