A crise do poder de polícia no regime jurídico público-administrativo

Abstract

This study addresses the crisis of the legal institute of administrative police power. Its primary purpose is to identify and understand, in greater detail, the doctrinal positions that play a relevant role in addressing the crisis and promote an actual debate on the conformity and legitimacy of the application of this legal institute concerning the public-administrative legal regime. This study also aims to conduct a comparative analysis of the opinions of jurists presented to identify whether the crisis mentioned above arises from the legal content of the administrative police power institute or whether other legal variables disturb a better understanding of the topic. Finally, a proposal will be presented that indicates the current continuity and extension of the debate on the crisis of administrative police power within the scope of the legal institute of administrative regulation, including the role of the State as an agent inducing transformations of social order and the well-being of life in society. To this end, the following will be presented: the content of the public-administrative legal regime; the legalistic and neo-constitutional concepts of interpretation and application of Law; the content of the institute of administrative police power; the opinions of jurists on the crisis and; a proposal for continuity and extension of the crisis as an administrative regulation institute to configure a new perspective on the debate on the crisis of administrative police power