A instrumentalização em matéria administrativa para a razoável duração do processo administrativo

Abstract

This article entitled “The instrumentalization in administrative matters to reasonable endurance of the administrative process” has as general objective to analyze the applicability of the reasonable endurance’s principle of the process in the scope of the administrative function to understand the extension of this constitutional foundation, a priori, related to the States’ jurisdictional function, and their concrete effects on the development of administrative processuality, through the improvement of the mechanisms that streamline the acts carried out to issue an administrative decision of citizen's interest. The present search was guided by the following question: What measures can be taken to promote the procedural speed in administrative processes’ progress, provided for in item LXXVIII of article 5 of Brazilian Federal Constitution of 1988? The insertion of this guarantee in the constitutional text reinforces the need to create mechanisms to ensure speed in the processing of administrative processes, preserving the exercise of the other fundamental rights. In this way, as well as intensifying the application of the principle in judicial proceedings, aiming to create fast-track mechanisms of these processes, what has been done through frequent changes in procedural process; opens the new discussion focus about extension of this fundamental right in Public Administration’s scope, to influence the modus operandi that will culminate in a final administrative act. Thus, because it is a bibliographical research with documentary analysis, to support it were consulted bibliographical sources of diverse authors consecrated in Administrative Law, as Mello (2012), Di Pietro (2008) and Carvalho Filho (2005), and others that studied about the present subject, introducing scarce bibliography yet, such as Pessoa (2000), Souza (2007) and Borges (2012). Besides the analysis of Resolution nº 198 which presents the Planning and Strategic Management currently adopted by the Brazilian judiciary.