A legitimidade da defensoria pública para promover a tutela coletiva da moralidade administrativa

Abstract

The creates mechanisms to collective tuttelage of diffuse rights represented the overcoming of the individual paradigm wich was the base of the access to the justice. This is a conceptual enlargement that is based on the social discursive participation at the Decision-making political body. Working on the basis that the access to justice aims to protect the fundamental rights, your exercise must be enable towards all the three branches. At this point, the Public Defender institution represents a organism that can provides this type of access to justice. After a long discussion about the existence of the coletive legitimation of the Public Defense to use the class actions despite of the normative statement at the Law 7.347/85, the Constitutional Amendment 80/2014 and the judgment of the ADIn 3943/DF by the Supreme Court that certified your existence. In other way, theese normative innovations and the alluded judgment just partially made obsolete the discussion, cause some subject still remains, specially about the legitimation to intent civil action whose object relates to administrative impropriety. At this context, should be investigated the Public Defender legitimation, to provides the collective protection of the administrative morality. The study used the premisse that the administrative morality is a diffused right, which is judicialized by a colletive action, what brings the question about the defensorial legitimation to use it though non-existence express legal base at the Law 8.429/92.