The Fundamental Right to Good Administration: from the Charter of Fundamental Rights of the European Union to the prospects of its effectiveness and control in the constitutional orders of Portugal and Spain: comparative developments in the brazilian reality

• Autor(a) principal: Silva, Clarissa Sampaio
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/2177-7055.2019v41n82p176

The recognition of a fundamental right to good administration by the Charter of Fundamental Rights of the European Union implied the establishment of minimum guaranteed positions of the citizens before the Public Administration, with inflows in the constitutional laws of its Member States. In the Portuguese and Spanish constitutions are found ways of realizing this right in both subjective and objective terms. Likewise, in the Brazilian constitutional order, it is possible to identify subjective positions and objective elements that lead to the implementation of the right to good administration. In one or another situation, the forms of their control are different, which must be adapted to their respective spectra.