Prerrogativas processuais da fazenda pública e proporcionalidade.

Abstract

The present study is dedicated to the problem of constitutionality of many procedural prerogatives of public administration has to appear in court. After the qualitative research, conducted under the deductive methodology and guided theoretically by postpositivism in strands of Hesse (1991), Alexy (2011) and Dworkin (2002), it was found that, in order to ensure maximum effectiveness of fundamental rights, which is synonymous with protecting the public interest by the more modern concept and appropriate the deadlines in quadruple to contest and double for appeal, the necessary remittance and the prohibition to grant early custody and injunction against the Exchequer should be considered constitutional abstractly. However, faced with the possibility that, in some cases they may end up unduly restricting fundamental rights, it is essential to safeguard the application of maximum proportionality in the case. Therefore, in the event that one of the norms show inappropriate, unnecessary or unreasonable, it is considered unconstitutional in the case and will have its application rejected by virtue of the supremacy and constitutional regulations.