Autorização de polícia administrativa

Abstract

The objective was to examine the normative, jurisprudencial and doctrinal treatment that is seen in Brazil in regards to the administrative act named authorization of administrative policy. The study departed from the Federal Constitution and went through legal texts, doctrinal jurisprudence and works. It was pointed out that in essence it is an administrative act of ampliative content, with the ability to, in the concrete case, convert into authorized an individual behavior that was forbidden until then. Its normative forecast makes the behavior generically forbidden, being able to be authorized individually, after the previous control of the Public Administration; and bases itself on the protection of the public interest, given the harmful consequences that the behavior presents if practiced without respecting certain requirements. The most reputable doctrinal treatment are the German and the Italian doctrines. In Brazil the doctrinal and jurisprudence works on this theme require further development. In general, the domestic doctrine considers the policy authorization as a discretionary and precarious act, in contrast of a license act, that is considered as a tied act. Such positioning does not describe the totality of the current normative texts. It was registered that the act of authorization of administrative policy is tied or discretionary depending on the rules of valid production, and it is the administrative act produced in exercise of previous control over the practice of determined activity or the production of a legal act