O princípio constitucional da proporcionalidade aplicado ao poder de polícia administrativa

Abstract

This work is about the police power that the state has to restrict and constrain individual rights, by law, in order to contain the abuse of those rights and ensure a valuable social life for all. It notes that this State activity is subject to the rules of law, in order to avoid abuses of power. It analyzes the principle of proportionality as an important guarantee which is capable of containing the power of the state and avoid excesses that affects the citizens’ rights. Analyzes the means of action of the administrative police, and then analyzes when it must be proportionate with the goals reffered by law. Advocates the submission of any State activity to the principle of proportionality, in particular the administrative police power, to protect the most fundamental rights guaranteed by Constitution.