O cidadão em busca da moralidade administrativa por meio da ação popular

Abstract

In this study, we analyzed the institute's constitutional Popular Action, with the main goal and focus its use as a remedy intended to annul administrative acts injurious to morality. Today prevails in our legal system, the understanding that the Popular Action is the appropriate instrument to annul acts harmful / illegal public administration, which directly or indirectly injure the principle of administrative morality. It is a fact that in our country for a long time lacked the Popular Action outlines current and fit, which were reached only with the promulgation of the 1988 Constitution, considered innovative and revolutionary in March of this remedy. At first, the Popular Action was limited to being an act of criminal nature and that the citizen could do you judge it needed to demonstrate that the lesion in addition to achieving the collective had also reached their particular interest. With the evolution history, the Popular Action passed in our land to have the modern contours provided in our Constitution and the citizen can do you judge it sufficient to show the existence of injury or illegality. Thus, it appears that our Constitution gave the citizens standing to litigate in court, a right that does not belong to him but to the collective administration proba / honest. Finally, we emphasize that although the doctrine and jurisprudence recognize the importance of the Popular Action, many factors, such as lack of information has caused the use of diminished constitutional remedy.