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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


FERREIRA  JUNIOR, Ednaldo Silva. The relevance of the particular will in the procedure of the Administrative Act. e-Pública [online]. 2019, vol.6, n.1, pp.141-165. ISSN 2183-184X.

There is a great deal of talk about the democratization of the administrative procedure, in order to allow a less authoritarian and more inclusive Administration of the individual, as reiterated several times in Decree-Law 4/2015 of 7 January, which approved the new administrative procedure. However, how relevant can the private individual be in the procedure of the administrative act, which is the expression of the will of the Administration par excellence? It is on this issue and the aspects related to it that the present writing unfolds. In order to answer it, we analyze the Constitution of the Portuguese Republic and the Code of Administrative Procedure, in order to assess the relevance of the individual's will in the procedure of the administrative act in light of the normative characteristics provided by such legal diplomas.

Keywords : administrative procedure; administrative act; participation; private will; dogmatic relevance.

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