Limites à autoexecutoriedade no poder de polícia

Abstract

The Brazilian Administrative law has long incorporated the European doctrine of police power. This doctrine, adapted to national legal reality, assumed the existence of certain attributes of the police power, which set it apart from other manifestations of state power. Among these attributes, it is emphasized greatly the autoexecutoriedade, whereby the prior action of the Judiciary, as guarantor of the observance of fundamental rights, is dispensable for the validity and effectiveness of the Police Act, which imposes obligations or limit the exercise of law by citizens. The restriction of individual autonomy without any kind of prior external control is surrounded by dangers acknowledged by the Brazilian scholarship. Therefore, it is also recognized the need to establish limits to that power. There is also some consensus about the content of these limits, for example, about the fundamental importance of the principles in the process of border demarcation of police power. Given this background, this thesis has two main objectives: first, to address the limitations of police power in a systematic way, considering each stage of the cycle of police; Secondly, make the crucial connection between the limitations and control this power, given the fundamental fact of reality that the control of police power not only based on the previously defined boundaries of that power, but also the very existence of the guarantor concrete these limits