O poder de polícia da administração pública frente aos direitos fundamentais garantidos pelo Estado Democrático de Direito

Abstract

This study addresses the exercise of police power by the Public Administration and its relationship with fundamental rights in cases of conflict within the context of a Democratic Rule of Law. The objective is to analyze the legal and juridical aspects that authorize and legitimize the exercise of police power by a state agent when carrying out an administrative act involving a citizen, taking in to account the fundamental rights guaranteed by the 1988 Federal Constitution. The study also examines the doctrinal material specifically produced on the topics of police power and fundamental rights. Based on this general analysis, the aim is to establish clearer parameters and limits for the actions of the Public Administration, in order to safeguard the fundamental rights of citizens subjected to the exercise of police power, as well as to ensure the legality of the administrative act itself.