Regime jurídico do poder de polícia

Abstract

Work produced on the legal regime of the Police Power. In principle, under the 'static' plan (structure), the study concerns the appropriate terminology of the expressions Police Discretion and Administration Police. Then, referring to categories close to Police Power, but, in fact, have separate legal regime of it; still exists, by the principle of legality, the supremacy of the general and the special supremacy of the state. Examines the property 'legal profile' (and the social function of it) and freedom. In the 'dynamic' question, the study staff in the analysis of the distribution of powers, legislative and administrative (linked and discretionary), the political entities, according to the Federal Constitution, and refer to the principles of reasonableness of the law, and proportionality and the purpose of public, and the attributes of an administrative act, in a legal and constitutional view, face to the fundamental rights