Teoria geral da infração administrativa a partir da constituição federal de 1988




There are very good written in the contemporary Brazil about administrative sanctions; almost none about infractions. In other words, the Administrative Law is delayed if compared to Criminal Law because this already has reinforced the necessity-utility of the General Theory of Crime, through which stratify the criminal illicit facilitating their recognition in concrete. This thesis aims to fill exactly this gap and provide the recognition of administrative infraction from the Federal Constitution of 1988 as typical behavior, contrary on right and reprehensible. For in such a way the limiter principles constitucional of the punitive activity, the notions of illicit, sanction (and its logical-legal implication) will be analyzed and indicate the experiences of criminologist in the formulation of different versions for the General Theory of Crime. Based on that and on the legal system hic et nunc will be made a General Theory of Infraction, able to describe the behavior as affected by the notion of voluntariness and the typical characteristics just objectives, unless specifically required fault or intent. After all, the opposition on right and the reprobation of the conduct will be show as essential to the infraction, but liable of exclusion obligatory in special hypotheses, as the legitimate defence and the error of prohibition (respectively), and the administrative sanction will be seen as the usual, but not the only answer, for the suppost infraction


general theory of crime and infraction direito teoria geral do crime e da infração sancoes administrativas -- brasil administrative infraction and sanction crime contra a administracao publica -- brasil infração e sanção administrativa atos ilicitos -- brasil

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