O contencioso administrativo em Portugal e no Brasil: uma influência do liberalismo francês de 1789?

• Autor(a) principal: Azevedo Comello Oliveira, Mariana
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Ufersa
• Texto Completo: https://periodicos.ufersa.edu.br/rejur/article/view/10038

The article investigates the historical influences on the construction of administrative litigation in Portugal if their influences are due to the French Revolution of 1789 or the absolutist model that preceded it. Does the text, a reference to the Brazilian model, inspired by the English system, which departs from the Portuguese model both with regard to its legal formulation, but also does not share the latter with the same historical influences. When resuming the Portuguese law, presents, at first, the majority thesis accepted by jurists: that this litigation has its origin in ideologies stemming from so-called liberal revolutions. After, an antithesis, with the support philosopher, sociologist and politician Alexis de Tocqueville, who finds the roots of this litigation in absolutist regime as a mechanism strategically developed by absolute power to keep under your judge the demands of state interest is shown.