Article 04: THE GENERAL ADVOCACY OF THE UNION AND THE CONTROL OF ADMINISTRATIVE ACTS

Abstract

This paper deals with the advisory activity carried out by the Federal Attorney General's Office (AGU). The recent creation of this body of Public Advocacy generates the need to reflect on its institutional role under the most varied aspects, the way it is exercised and the limits it encounters. Thus, the control of the administrative acts exercised by the AGU is under control, a task that, although foreseen by law, does not receive attention of the doctrine when it studies the internal control of the Public Administration. In this examination, legal advice, an essential tool of advisory advocacy, is observed, privileging its content and leaving its form in the background. This study will take place according to the evolution of Administrative Law, by emphasizing the valuation of the administrative procedure and the strengthening of transparency and control of Public Administration. This institutional competence creates a new relationship between public attorney and administrator that, on the one hand, accentuates the administrator's attachment to legal opinion, overcoming the merely opinionated character attributed to it by traditional doctrine. These will be the themes and approaches addressed by the present work that intends to reflect on the Administrative Law by the Public Advocacy approach.