Pursuant to Article 49 of the Constitution, administrative and judicial proceedings should be the result of procedure where the parties have adequate opportunity to represent, promote, evacuate and dispute evidence in order to recognize, encourage, or at least not to see injured their legal status.
development sublegal activity of the state which is part of the administrative function, not only must conform to the full implementation of the law, but enforcement is an additional element that strengthens the legal certainty in administrative activity, as is the administrative procedure .
Thus, it is required that every manifestation of administrative authority special effects are consistently in a chain linker through which it reaches its object, that is, the requirement to satisfy an immediate and direct the public interest, not to mention THE DEFENSE OF INDIVIDUALS as axis fundamental legitimacy of the administrative procedure.
It recognizes the solemn nature of the administrative, as a requirement of reasonableness of the rule of law tends to control administrative arbitrariness unilateralism characterized by the formation of will, absence of controversy, reply or argument by the taxpayers of their decisions.
It is evident that under the general heading of due process is the administrative procedure as one of the main tools for lifelong quest for balance in the interaction of the administrative structures of power and individuals, which is presented as an essential instrument warranty or RIGHT TO THE DEFENSE of the people involved in an administrative situation.
means then, that due process stands as the ultimate possibility of security and protection of fundamental rights in a public performance, since it can prevent the arbitrariness of uncertainty management and potential of people with interests in it, permanent exercise of dialectic arguments and evidence, through the necessary presence of the individuals involved on an ongoing basis at all stages of the conduct.
Due process is part of the essence of the rule of law as a legal position of power, but not limited to, the right to be heard before the decision, to participate effectively in the process from inception to termination, and produce evidence, to obtain informed decisions or reasons, to receive notifications with according to law, access to information and documentation on the corresponding action to turn the evidence before the decision, LEGAL ADVICE, and the possibility of trying to impugn mechanisms against administrative acts.
Finally, it is a sum of elements not subject to numerus clausus , looking at their interaction to obtain an administrative action consistent with public needs, without harming the interests discussed individual, providing the guarantees necessary for the protection of fundamental rights within the procedural relation. UNTIL NEXT FRIDAY (...).
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