RETHINKING OF DUE PROCESS OF LAW IN THE ADMINISTRATIVE SPHERE
Abstract
This text discusses the scope of the constitutional due process clause in Brazilian administrative law, based on an analysis of the Brazilian Constitution, of the Fifth (1791) and Fourteenth Amendments (1868) to the U.S. Constitution, the International Covenant on Civil and Political Rights, and the European and Inter-American human rights systems. The author concludes that since the due process clause (Brazilian Constitution Article 5.54, i.e. “no one shall be deprived of liberty or property without due process of law”) was inspired by the U.S. Constitution, Brazilian legislators should exercise their powers of discretion in policy-making to adapt the clause to the realities of the Brazilian administrative authorities and to the experience of the quasi-independent authorities that perform the adjudicative function under U.S. administrative law.
About the Author
Ricardo PerlingeiroBrazil
Ricardo Perlingeiro has over 25 years of experience as a Federal Court Judge in administrative cases and as a professor of law at Fluminense Federal University (Niterói/Rio de Janeiro). After obtaining a BA from Fluminense Federal University and Master’s and Doctor of Law degrees from Gama Filho University, he has been a visiting post-doctoral researcher at German Research Institute for Public Administration. Currently he is a professor at both Fluminense Federal University and Estácio de Sá University as well as a visiting professor at Birmigham City University and a visiting researcher at University of Porto. He was visiting scholar at universities in Beijing, Birmingham, Buenos Aires, Málaga, Pavia, Kobe and Reading.
Review
For citations:
Perlingeiro R. RETHINKING OF DUE PROCESS OF LAW IN THE ADMINISTRATIVE SPHERE. BRICS Law Journal. 2022;9(3).
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