Da competência regulamentar

Abstract

The work that has been developed is about regulatory competence. Initially it deals with the principIe of legality, that is fundamental in our legal system, pointing out its theoretical and practical aspects. It also copes with exception to the principIe of legality: the delegated law and the provisional executive act which embrace the constitucional requirements and the judicial review of the provisional executive act. Afterwards, there are brief remarks about the varied kinds of competence developed by the Public Administration viewed from the angle of the tripartition of powers, a principIe in the 2ndartide of the Constitution. Subsequently we will begin to study regulatory competence, the central core of this work. Thus,. after the , I conceptualization of regulation and regulatory competence, the jural regime of regulations will be appraised focusing the holder, the object, the limites, the nature of regulatory act and the modalities of doctrinally foreseen regulations. The executive order, a form of regulations, will also be object of study. Regulations in relation to law and discretionary power conceming regulatory competence are also important questions to be developed. On account of the dose relation between regulatory competence and the regulating agencies, govemmental agencies with special system, some of their main aspects will be mentioned in the course of this work, such as normative competence, its limits, the judicial review and personnel hiring. Afterwards, there will be a chapter about discretionary power in administration, an instrument of the regulatory competence. Finally, we will study the control of the legislative body and the judicial review over the regulatory competence analyzing the action and omission control of the competence performance mentioned above