A CONSTITUCIONALIZAÇÃO DO DIREITO ADMINISTRATIVO E A RELEITURA DO PRINCÍPIO DA SUPREMACIA DO INTERESSE PÚBLICO SOBRE O PARTICULAR NA ÓTICA DOS DIREITOS FUNDAMENTAIS

Abstract

When analyzing the main institutes of administrative law and its legitimating foundation ( supremacy of the public interest, prerogatives of the administration, discretion ), under the foundation of the preservation of the public interest, it is sought, above all, to preserve the authoritarian conservative ethos of the old regime in force in France, at the beginning of the emergence of Administrative Law. The Constitutional State of Law and the neoconstitutionalism movement, however, contrast this traditional view, through the reinterpretation of the principle of supremacy of the public interest over the private, using the theoretical instruments of the theory of principles. The data analysis used the deductive method, starting from the broad thesis of the principle of supremacy of the public interest as the foundation of classical administrative law, deriving from this the analysis of the concept of public interest in the context of neoconstitutionalism and its conformation with the principle-norm , concluding for the incompatibility of the classic concept of public interest with the postulate of the dignity of the human person in the Constitutional State of Law, having been used the bibliographical research.