O desvio de finalidade como fator de ilegalidade do ato administrativo.

Abstract

The public agent's performance is entirely harnessed comfortable of the law, that will delimit the purpose of the administrative act. There is not option freedom, but, legal commands be respected her as form of to guarantee an appropriate administration of the public businesses and to assure to those administered the right to a good administration, with honesty and honesty. Being like this, administrative action previously inexists without interest collective or diverted of your end established for the juridical orderly. Fearless, the abuse of power is configured when the use of the administrative act is made out of the legal limits, or without public usefulness, as well as, when there is the agent's omission that has the duty of acting. In that way, the use of several purpose of that constant one in the law characterizes the purpose deviation, fact that, by itself, it turns the act null, because polluted for the addiction of the illegality. Could be annulled by the own Administration or for the Judiciary Power when submitted to your appreciation. Therefore, it is not enough to the authority to act to assist any end of public interest, but yes, it should consider, only and exclusively, the end perfectly certain that is that for which was attributed him competence. To present research it uses the bibliographical method as well as the exegetico-juridical method. He has as general objective to investigate the beginnings that inform the Public Administration, to emphasize the importance of some indications and circumstances that are indispensable to identify the act is legal or not. To verify the difficult proof of the purpose deviation for the matter since the proof has to be unequivocal. He has, still, as specific objective to demonstrate that the purpose is requirement or indispensable element to the validity of whole and any administrative act. It is like this to understand the purpose deviation as factor of illegality of the administrative act.