Some legal theory issues in the new administrative procedure code

Alguns problemas de teoria do direito no novo código do procedimento administrativo

Abstract

Assuming an analytical approach to the New Portuguese Administrative Procedure Code, the present work assesses the theoretical correctness and technical accuracy of some of its provisions. Within this context, some issues are questioned, such as the cross-reference configuration of principles, the creation of restrictive provisions, the overlapping of normative contents, the design of principles with contents unable to be normatively understood and the formulation of norms without internal normative unity. Subsequently, the normative relation of specialty and the difference between sentence and norm are also analyzed, being put under criticism, at the end, the unhappy expression “interpretation of legal norms”.