A ATIVIDADE DE FOMENTO ADMINISTRATIVO NO BRASIL NO CONTEXTO DO DIREITO ADMINISTRATIVO SOCIAL

• Autor(a) principal: Busato Teixeira, Albano
• Data de Publicação: 2023
• Outros Autores: Müller Bitencourt, Caroline
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito UFMS
• Texto Completo: https://periodicos.ufms.br/index.php/revdir/article/view/18875

The present article proposes to demonstrate the need to comprehend fomentation in the scope of the social administrative law and the public interest to development. At first it is brought a dogmatic contextualization of fomentation, bringing concepts of this activity and distinguishing it from other forms of action of the Public Administration, such as public service and police power. After it is approached the idea of the subsidiarity principle as an idea that authorizes the intervention of the State in the economy through the fomentation activity. Lastly, in opposition of the subsidiarity principle, fomentation is approached through the perspective of the social administrative law, which is ruled by the idea that enables the State to intervein in the economy to effectuate public interests. Therefore, it is confirmed the hypotheses that the fomentation when is observed through the scope of the subsidiarity principle does not match with the ideals foreseen in the Federal Constitution, obliging a new interpretation through the social administrative law that enables the intervention of the State in the economy to effectuate public interests. The method utilized is the hypothetical-deductive and inthe development the bibliographic procedure.