Atuação governamental e controle jurisdicional

Abstract

ABSTRACT

Based on the perspective that there is no state act subjected to the jurisdictional control, the concept of governmental act, defined in this paper- different from the historical definition- as an administrative act subjected to a special system, is used to gather the individual, concrete and specific juridical rules, produced by the Legislative and Executive Power, isolated or together, institutionally or governmentally affected, derived directly from the Constitution and thus, subjected to the control of the Constitution in the presence of the Supreme Federal Tribune, with the aim of, in the juridical world, to avoid the fact that important acts receive the same juridical treatment and this way can escape from an effective control made by the Judiciary Power. Only the Legislative and Executive Power have the governmental function, so they are a group of public organs related to the political game and thus to the representative principles. The jurisdictional control must occur under the process of actuation and under the governmental act- final product of that activity- and that has as parameters of confrontation the constitutional rules: principles ( explicit or implicit) and rules. The reasonableness principles (control of legitimacy of activity) and the proportionality ( control of the validity of the act) also serve as tools for the judicial exercise on the governmental actuation. And the final acknowledgment of a proceeding and the judicialization of public law, to increase the control on the state behaviors of this nature, is the reflex of citizenship principle that assures the questions about the state actuation