Limites à revisão dos atos administrativos: reflexão à luz do princípio da proteção da confiança

Abstract

This study aims to analyze the limits to the review of administrative acts in face of the principle of protection of trust, which craves a current state of affairs marked by stability of legal relations. It addresses initially brief remarks about the general theory of legal principles, and after, it talks about the evolution of normative protection of trust and its theoretical development. In this sense, the line of development starts from the rule of law laid down in art. 1º of the Constitution of the Federative Republic of Brazil, which is extracted from the principle of legal certainty, which, in turn, branches into several standards, among them the principle of protection of trust. Thus, it argues the existence of constitutional seat for the protection of trust. Furthermore, it refutes the opposition of the principles of legality and the supremacy of the public interest as impediments to the application of the principle object of study. The second chapter traces observations on the theory of administrative acts, beginning with the concepts of perfection, validity and efficacy, passing by the institutes of revocation and cancellation, the two main forms of extinction of these acts, as well as notions about the power of administrative review. At the end, it analyzes the art. 54 of Law No. 9.784/99, which proposes a decadencial term of five years as a tool for practical concordance between the protection of the trust, the legality and the supremacy of the public interest, still discoursing on the requirements for the application of that term in the particular case.