O princípio da proteção à confiança legítima como limite à anulação dos atos administrativos

Abstract

Legal uncertainty is a reality in everyone’s daily lives, both in their private dealings and in juridical-administrative relations. In light of this, the current study attempts to contribute to mitigate the negative effects such uncertainty has upon the rights of citizens by assessing the application of the principle of protection of legitimate expectations (subjective aspect of legal certainty) as a barrier to the nullification of administrative acts. The problem under examination will answer the following question: is it possible for the full effects of a repealed administrative procedure to stand or at least be tempered in order to secure the trust placed on administrative conduct? Hence, an analysis was carried out of the effects the constitutionalization movement has had on Administrative Law, starting with a review of some of the institutions of the administrative legal framework and followed by an investigation into the development of the principle of protection of legitimate expectations in other legal systems and its application in Brazil. Ultimately, the assumptions and requisites for this principle to work as an impediment to the nullification of administrative procedures and its effects are presented herein.