The (im)possibility of ratifying unconstitutional administrative acts

Abstract

The issue of validating unconstitutional administrative acts is a controversial topic with little acceptance in Brasilian legal system, due to the firmness of the principle of nullity of acts contrary to the Federal Constitution o 1988. However, it will be seen that legislation and jurisprudence are unanimou in stating that the validity of administrative acts must be in accordance with the Constitutional diploma, in the name of legal certainty and protection of fundamental rights established in the Constitution. It will be possible to see that there is the possibility of validating administrative acts, in exceptional and specific situations, under the argument of stability of social relations and the need to avoid further damage to the legal order and public interest. However, issues related to legality, considering the affront to the Constitutional text, are not immediately subject to validation, therefore, the Administration must consider the effects of its acts subsequent to a possible annulment. Having overcome the limited jurisprudential matter that delas with the institute of validation of unconstitutional administrative acts, a review on the topic is proposed, to enable the understanding of the (im)possibility of validating na administrative act considered unconstitutional, since the validation is an institute that the Public Administration uses to resolve issues relating to the editing of its acts. The methodology used was the hypothetical deductive method, whose research, whose research technique was by surveying theoretical references, which culminated in the documentar analysis of printed books, scientific articles and electronic magazines, in addition to the essential study of Brazilian Constitutional and Infraconstitutional legislation na jurisprudence on the subject.