Comments on the Judgment of the Direct Action of Unconstitutionality nº 4.938: Limitations to the Exercise of Regulatory Competence.
Comments on the Judgment of the Direct Action of Unconstitutionality nº 4.938: Limitations to the Exercise of Regulatory Competence.
Abstract
This commentary analyzes the exercise of regulatory competence by the Brazilian National Council of Justice to verify the (un)constitutionality of limitation established through resolution, reaching the conclusion that, although it possesses virtues (and underlies) from a material point of view, from the formal point of view, the act lacks legitimacy, as it represents undue innovation in the legal system, abstract weighting, forbidden to the administrator.Downloads
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Published
2019-04-15
How to Cite
FERNANDES, Felipe Gonçalves. Comments on the Judgment of the Direct Action of Unconstitutionality nº 4.938: Limitations to the Exercise of Regulatory Competence.: Comments on the Judgment of the Direct Action of Unconstitutionality nº 4.938: Limitations to the Exercise of Regulatory Competence. Journal of Public Law and Infrastructure | RDAI, São Paulo: Thomson Reuters | Livraria RT, v. 3, n. 9, p. 283–289, 2019. Disponível em: https://rdai.com.br/index.php/rdai/article/view/348. Acesso em: 22 aug. 2026.
Issue
Section
Comments of Jurisprudence | Comentários à Jurisprudência
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