Aspectos jurídico-temporais do processo administrativo: uma leitura à luz da garantia constitucional à duração razoável

Abstract

The following dissertation intends to address the analysis and comprehension of the timing juridical aspects of the administrative process. The administrative function is expressed on the heterogeneous administrative activities under the influx of shade rules and principles on the shadow of the politician-state structure of the moment. Under a Democratic State of Right, it shows up essential the procedural administrative function exercise as necessary condition to its legitimacy and the guarantee of rights for the citizens. In the first part, we establish the theoretical premises regarding the relation among State of Right, Constitution and administrative function and then, among administrative function and administrative process as an independent juridical institution, establishing its scientific concept and identifying its main sorts, structural and teleological characteristics. The understanding of the administrative process decurrent of the dynamic apprehension of the administrative function does not dispense the reading under the knowledge of the principles directors of the pertinent legal regimen. In the second part, we identify the applicable principles to the administrative process, highlighting those that present a special normative function regarding the comprehension of the administrative processing under a timing approach. The relationships between the time and the Law are revealed in varied ways, what does not exclude the administrative processing. The time is a condition of the administrative function, reason for which its dynamic aspects are showed completely connected to the understanding of the relations derived from the continuation of the time in the administrative process and from the unrolling of the administrative process in the time. In the third part, we were dedicated in identifying and analyzing some timing juridical institutes of the administrative process aiming to understand them in way to the effective protection of the basic right to the reasonable duration and, finally, we culminate in the investigation about some violations to the basic guarantee to the reasonable duration of the administrative process