As limitações do poder de polícia em face do princípio da legalidade.

Abstract

This monograph stopped to research the topic, notably by its current importance in a legal system in which the state intervenes increasingly in private relationships. Investigated the importance of the law against the police power of the State, through its legal rules and principles. Thus, the purpose of this study was to investigate the figure of the police power and map the ways to control this state prerogative when the public official going beyond the public interest to which it is attached. The research to achieve this goal began through a historical examination of the institute, chalking up the concept and study of administrative law principles and ending with the study of the principle of legality as the police power of the State Controller and guarantor of the rights and guarantees fundamental. To illustrate the issue, we sought to understand the powers and administrative duties and their importance according to current literature. At work, exhaled the conception of the principle of legality in the struggle for arbitrary discretionary administrative act, putting this principle as a cornerstone of balance, given the tenuousness that separates the legitimate act of the public administrator of a hand, making use of the power of State police, and the extrapolation of his power, making him incur the deepest illegality committing abuses, often under the cloak of discretion that the legislature confers.