Critical Analysis Provided for Administrative Commitment of the Institute in Article 23 , of Bill n. 349/2015, of Senate, which Deals with the Change of BIRBL

Abstract

This article aims to analyze the option provided for in Article 23, § 2, of the PLS n. 349/2015 of the administrative authority to require judicial authorization to enter into engagement with stakeholders, administrative agreements. As a result of such discussions is possible to infer that the bringing, by allowing the submission of adjustment to voluntary jurisdiction, it appears to be political and legally inadequate because of step with the non-judicialisation phenomenon, and also to disregard the powers of public advocacy, the limits of voluntary jurisdiction and the principles of separation of powers and republican.

Keywords

• Acordos administrativos
• Autorização judicial
• Desjudicialização
• Competências da advocacia pública
• Limites da jurisdição voluntária
• Princípios de separação de poderes e republicano