O ato administrativo à luz das consequências: uma análise das inovações na Lei de Introdução às Normas do Direito Brasileiro

Abstract

The research aims at investigating how the innovations introduced by Law No. 13655/2018 (known as the Security Law for Public Innovation) in Decree-Law No. 4.657/1942 (Law of Introduction to the Rules of Brazilian Law) reflects in the production and control of administrative acts, to the extent that it posits, for the first time in the national legal system, the duty, directed to the administrative, controlling and judicial spheres, to observe the consequences of decisions in the face of possible alternatives, inaugurating the legal consequentialism as a new hermeneutic horizon of public law. Therefore, the primary analysis of articles 20 to 22 of the LINDB, as well as the specific regulation in Decree No. 9.830/2019, is cut out, relating them to the doctrine on administrative discretion, abstract legal concepts, and judicial control of the Public Administration, also making considerations about the accountability of the public manager. This way, it was revealed that the legislative innovations have greatly expanded the duty of motivation of administrative acts, especially discretionary ones, and, in turn, the scope of scrutiny by control agencies, notably to the Judiciary. Moreover, despite the still timid application of the new provisions of the LINDB by the Brazilian courts, a greater concern with legal security and the stability of social relations was observed, improving the qualities of the administrative act as a controllable and accountable manifestation of the State.