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

Abstract

The state, as a political-legal organization of a society, aims to satisfy the public interest, and to achieve these goals the Public Administration has powers and prerogatives that serve as instruments conferred by the legal system, so that enables the government's exercise of its activities, reaching its primary purpose is the prevalence of the public interest over private. Among the powers entrusted management has become the Police Power that is the prerogative of conditioning, brake and restrict the exercise of rights and individual activities based on the interests of the community, but such power is not unlimited. Thus, this work aims to address the limits of performance of the public official to exercise the police power granted to it in the face of administrative constitutional principle of legality (article. 37th, caput, CF/88). In the methodology we used the method of deductive approach, the method of procedure of literature and research technique of jurisprudential study and study of laws, rulings, judgments, opinions, decrees, orders, among others. Thus, the exercise of that power finds limits in the very principle of legality, in order that the public trustee to exercise the power must have legal regulations and be used with the parameters of the law, otherwise such an act is illegal and inconsistent with the Democratic State rights. Therefore, Brazilian jurisprudential understandings have recognized the occurrence of limits to police powers of the public administrator, preventing arbitrariness and abuse of power, as well as reaffirming the interest of the collective over the individual.