The Constitution of Brazilian Administrative Law from a Neoconstitutionalist Perspective

Abstract

The relationship between Administrative Law and Constitutional Law is of extreme importance to legal science, given that Constitutional Law aligns the foundations and parameters of Administrative Law. Currently, there is a radiating effect of fundamental rights on all spheres of law and, specifically, on those related to state action. The need to promote and defend the interests of the community, materialized in the guarantee of fundamental rights, has led Administrative Law, over time, to increasingly align itself with constitutional values. Administrative Law has acquired a new concept, focused on the incorporation of constitutional norms and values, with the Constitution being the center of the State's reason for being. Administrative activity has become linked to the constitutional values ​​and ideologies enshrined in the Constitution, reflecting the State's position regarding the values ​​of humanity. The Constitutionalization of Administrative Law translates into a movement of reinterpretation of basic institutes and concepts of Public Administration in light of constitutional principles, and not merely the incorporation of ordinary law into the constitutional text.