Análise acerca da possível intervenção do Ministério Público na discricionariedade administrativa em sede de ação civil pública.

Abstract

The present work aims to examine the possibility of intervention by the Public Ministry in the administrative discretion in place of Public Civil Action, since the topic has generated discussions in the doctrine and jurisprudence relating to the thought that the activist stance of the PM would be insulting the principle of separation of powers, before an interference of the aforementioned organ on the administrative merit. To do so, it was used the deductive method of approach; as a method of procedure was used the monographic method, and as a research technique was used indirectly documentation through bibliographic research, scientific articles, case law and websites. The work was divided into three chapters: the first examines the historical development of human rights through the perspective of the generations of rights, still focusing on the evolution of the collective process as a way to equip the effectiveness of these; the second explores the phenomenon of judicial activism, posture adopted by the Public Ministry in the defense of collective, diffuse and homogeneous individual rights, focusing on the Public Civil Action as an instrument used in implementing the constitutional functions of defense of the foregoing rights to that body; and the third is mulling over the issue between the functional system of the separation of powers and the activist role of the Public Ministry's headquarters in ACP, looking specifically at whether or not to have a jurisdictional control on the administrative merit. There is disagreement in the doctrinal about the issue that, as one current considers that the interference of the PM on the administrative merit causes injury to the separation of powers, other understands that what happens is a deeper examination of the legality of the acts, thesis defended on neoconstitutionalism vision.