Possibilidade de aplicação da tutela antecipada nas ações contra a fazenda pública em face do princípio da presunção de legitimidade dos atos administrativos

Abstract

The purpose of this study is to analyze the application of the institute of temporary protection of a satisfactory urgency in the context of legal actions against the Public Treasury. The administrative acts emanated by the Public Power are endowed with attributes that guarantee prerogatives to the Public Administration, such as the presumption of legitimacy. Under the post-positivist principiological perspective, adopted as a theoretical framework, the possibility of granting early guardianship against presumed legitimate administrative acts will be analyzed. By means of a critical and dialectical bibliographical research, it is tried to demonstrate in which hypotheses it is possible to grant the civil procedural institute of the anticipated protection and what are the prohibitions foreseen in the Brazilian legal system in the actions against the Public Treasury, being an analysis that aims to find A more effective way to resolve this issue.