O limite ao exercício de prerrogativas no direito público: a cláusula geral do erro administrativo

Abstract

Studying Public law since its origin, from the rule of law until now, wen can notice its content upgrades and the frequent structural modifications, intensified, in Brazilian law, due to the entry in force of the 1988 Constitution and, recently, the modifications made in the Law- Decree n. 4.657/42 (Brazilian law’s Introduction to the regulations law – LINDB) by the law n. 13.655 of April 25th 2018. It’s precisely because of the phatic and legal scenario in relation to the expansion or delimitation of the control over the Public Administration and its practitioners what justifies the study and its importance. Thus, it was considered the innovation caused by the advent of the Law n. 13.655/18, specifically about its limit related to the prerrogative exercise in the public law, especially the general clause on administrative error. Furthermore, it’s informed this monograph is a consequence of the qualitative bibliographical proposal, distributed into three chapters, where it’s proposed to make na analysis in relation to the Legal control, the law n. 13.655/2018 and its modification, anda, finally, the general clause of the administrative error. Therefore, the main objective to be presented is analyzing and understanding the legal delimitation given to operation of control agencies on the limit to the exercise of prerrogatives in public law with the use of the general error clause, which recommends personal liability of the plubic agent for deceit or huge mistakes made by decisions or opinions, accordingly provided for in article 28 of LINDB.