Tribunal administrativo e as formas do controle jurisdicional dos atos da administração pública em Guiné-Bissau e no Brasil: uma análise comparativa

Abstract

This study aims to study the jurisdictional control of Public Administration Acts and their forms of control in Guinea-Bissau and Brazil. Focusing on the legality control of the Judiciary in the face of the Executive branch. Regarding the illegal and illegitimate acts of the public entity. The research project begins with the political landscape, addressing the post-colonial, political transition of the construction of the Right and Democratic State in Guinea-Bissau as well as in Brazil, and the first procedures of administrative acts under the one-party regime, under the command of the African Independence Party of Guinea and Cabo-Verde (PAIGC). And the inefficiency of Jurisdictional control of administrative acts in the historical context of administrative law of Guinea-Bissau and Brazil. Then, pass the analysis of the existing control, referring to internal and external control. And to emphasize the need for judicial control of administrative acts in Guinea-Bissau, due to the way in which the public administration works, characterized by the centralization of power and bureaucratization of the administrative apparatus, in comparison with the mode of operation in Brazil. Finally, this work brings some constitutional concepts and principles that govern the practice of administrative acts within the scope of the powers of the State, in order to guide or act by the public agent and the Administration. Finally, it aims at a proposal for the creation of the Administrative Court to control acts originating from Public Administration bodies in Guinea-Bissau.