PODER DE POLÍCIA: ANÁLISE DAS LIMITAÇÕES ADMINISTRATIVAS À PROPRIEDADE PRIVADA À LUZ DO PRINCÍPIO DA SUPREMACIA DO INTERESSE PÚBLICO

Abstract

Since its emergence, the human being has the maintenance of interpersonal relationships as an instrument of survival, corollary to the intense need to guarantee the perpetuation and development of the species. In this sense, the appearance of villages, towns, cities, great civilizations and of today's globalized countries, represent important historical cuts, reflecting the characteristics inherent to man, among which socialization stands out. The construction and maintenance of a harmonious, peaceful, developed, egalitarian society with strong and efficient institutions, able to ensure the good quality of life for citizens, as well as the collective interest, simultaneously, is the main objective of the Public Administration of any entities of the Federative Republic of Brazil. The realization of this purpose is only possible through administrative institutes, emanating from interventional effects, capable of imposing restrictions, conditioning or limitations on several individual and collective rights, especially those constitutionally guaranteed, such as the right to use property, when essential to the good. common. Otherwise, the scarcity of clarifications on the means of restricting the use of property, added to the legislative and structural problems of the Brazilian State, make its existence and application confusing. The present work justifies the need to elucidate the institute of administrative limitation, which affects property through state impositions, originating from laws, with the scope of ensuring the common good. Using research of a dogmatic nature, interpretive and qualitative method and bibliographic research technique, the work presented above proposes the analysis and reflection on the administrative limitations to private property, as well as its relationship with the principle of the supremacy of interest. public over private. By exposing important segments of administrative law, such as its guiding principles, instrumental powers, as well as the relevance of the administrative function in the lives of individuals, as part of society, the aim is to build fertile ground, sufficient for the consolidation of relevance of administrative limitations, in the pursuit of the full functioning of society. Furthermore, by studying the administrative police power and the legal regime applicable to Public Administration, this work aims at understanding the apparent paradoxical relationship between the guarantee of the right to property and the State's intervention on it, when the need for maintenance is maintained. of common interest. State action, as a protector of public concerns, is still the main tool available for the benefit of the community, however its inefficiency, the absence of sufficient mechanisms to control the use of property and the lack of clear and accurate information to citizens help the emergence of difficulties in its application and understanding. Therefore, the introduction and improvement of teaching, in schools and universities, of state intervention agencies on property and other fundamental rights, as well as the promotion of informative advertising campaigns and popular awareness, are the main paths in the search for overcoming the powerful social obstacle created around administrative limitations on property.