O conteúdo jurídico da motivação dos atos administrativos

Abstract

The motivation of administrative acts is a legal standard conformer of public legal regime. Although it isn’t explicitly expressed in the Constitution (BRAZIL, 1988) is widely recognized as a constitutional norm resulting from the adoption of a Democratic State. After extensive literature review it is noticed, however, that this rule has no legal density, which impairs their actual understanding and applicability. Thereby, through a deductive analysis of qualitative sources, aimed to supplement this gap. Therefore this study was based on postpositivist theories: of legal rules, the Constitution’s normative force of the and Constitution’ normative force, the theory of legal argument was also fundamental for this research, seeig set rules that enable the rationality of discourse and, likewise, concerns of ensuring the rights and ensuring the rights and systemic unit. Theroby, the legal nature of motivation and its relationship to the act administrative was determined. Tthe elements of motivation, the timing of its applicability, the benefits to society of their effectiveness and some of the pitfalls to be overcome for effective implementation of this standard were also defined and described.