Evolution of The Theoretical-dogmatic Bases of French Administrative Law from the 19th to the 21st Centuries

Authors

  • Juliano Heinen Procuradoria-Geral do Estado do Rio Grande do Sul

DOI:

https://doi.org/10.22456/2317-8558.126574

Abstract

This paper aims to investigate the development and influence of French administrative law in the 20th and 21st centuries in relation to at least three central institutes: Council of State, administrative contracts and public service. In order to do so, an analysis of the history of this branch of law was undertaken, as well as its contributions and theoretical construction in certain periods. The analysis was divided by demarcating how each institute was built, in order to demonstrate how they were formatted, which is really important to understand how they are applied contemporaneously. From this, it was verified in each one how the autonomy of this branch of law was built, as well as the contributions received in each period and that are felt until the present day. In this way, it was possible to identify the origin, intensity and depth of the intellectual role played by French dogmatics in administrative law, revealing a greater or lesser ascendance of its role in the construction of the State itself. It was demonstrated how, contemporaneously, countless subjects still generate nodal effects, realizing the importance of knowing this historical path. The expository and historical method was used for the dissertational construction of the analysis undertaken.

KEYWORDS: Administrative law. Council of State. Public service. Administrative contract.

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Author Biography

Juliano Heinen, Procuradoria-Geral do Estado do Rio Grande do Sul

Doutor em Direito pela Universidade Federal do Rio Grande do Sul (UFRGS). Professor de Graduação e Pós-Graduação na Fundação Escola Superior do Ministério Público (FMP), ministrando as disciplinas de Direito Administrativo e Prática em Direito Público. Professor de pós-graduação em diversas universidades e instituições, destacando-se a Escola Superior da Magistratura Federal (ESMAFE), Escola Superior da Magistratura Estadual (AJURIS). Ex-Defensor Público do Estado do RS. Atualmente, desempenha as funções Procurador do Estado do Rio Grande do Sul. Autor da obra: "Curso de Direito Administrativo" - 2ª ed. (Ed. Juspodivm).

Published

2022-12-31

How to Cite

Heinen, J. (2022). Evolution of The Theoretical-dogmatic Bases of French Administrative Law from the 19th to the 21st Centuries. Cadernos Do Programa De Pós-Graduação Em Direito – PPGDir. UFRGS, 17(2), 261–292. https://doi.org/10.22456/2317-8558.126574