QUEIROZ FILHO, R. F.; QUEIROZ FILHO, Raimundo Fernandes de.
Resumo:
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.