The moderate formalism´s broadness in the administrative process federal Law

A amplitude do formalismo moderado na Lei federal de processo administrativo

Abstract

The purpose of this paper is to discuss the extent of moderate formalism in the Law n. 9.784/1999. In this case, from a dogmatic perspective, it was used the inductive method and a theoretical and monographic study was carried out. The Administrative Process Federal Law further enhanced the brazilian administrative processuality and, consequently, the participation of the people in the exercise of public service. The extravagant and unnecessary formal requirements cast out citizens of the democratic universe that is expected of state activity, which is why that the formalism apllied in the public administration business should only be strictly necessary for the purpose for which the act is intended and it must ensure the rights of the population with an acurate degree of certainty and security. Analyzing the Law n. 9.784/1999, it is crystal clear that the moderation of rites and procedural forms is not limited to its section 2(VIII and IX). In fact, moderate formalism has an important normative scope in the administrative law governing the administrative process, since it finds legal basis in various provisions throughout the text of the law, affecting all procedural stages.