Neoconstitutionalism and the principle of protection of legitimate expectations in brazilian Administrative Law

Abstract

This paper studies the principle of protection of legitimate expectations in Brazilian Administrative Law. It demonstrates its development internationally and its acceptance and evolution in Brazil. Private individuals interact with the Public Administration with the presumption of legitimacy of acts and state actions. Through administrative action, private individuals may have their expectations violated, generating negative effects on economic activities by creating distrust and instability in relations with the State. It is necessary to protect the legitimate trust placed by private individuals in the Administration. This protection is achieved through various principles, with the principle of protection of legitimate expectations being the one that most directly safeguards the expectations of private individuals. It has been adopted in Brazil as a constitutional principle and in the jurisprudence of the Supreme Federal Court. It is with the support of neo-constitutionalism, after the 1988 Constitution, with the recognition of the normative force of the Constitution, with the expansion of constitutional jurisdiction, with the new constitutional interpretation, making use of interpretation with the use of general clauses, principles, collisions of constitutional norms, balancing and argumentation, that the Principle of Protection of Legitimate Expectations developed in Brazil, initially with jurisprudential acceptance, being recognized as a constitutional principle that radiates throughout the legal system and presents itself as a limit to the Public Administration, which cannot, unjustifiably, break the trust placed in it by the citizen. The principle of protection of legitimate expectations proves indispensable to restoring confidence in the Public Administration.