The application of the principle of public interest supremacy over the private interest: a study on STF and STJ decisions

• Grant number: 13/17815-7
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2013
• End date: June 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Vitor Rhein Schirato
• Grantee: César Santos Borlina
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The principle of public interest supremacy is at issue in the Brazilian administrative law. Some authors argue that it is an essential principle for administrative law, while other authors seek to rebut such thesis. But how do the judges apply this principle? Eventually, does it perform an essential role in the legal practice, or is it just another theoretical invention with no real practical importance? Furthermore, is it possible to find out the content of this principle? The task of this research consists in answering these questions basing itself on decisions from STF and STJ in which the principle of public interest supremacy is invoked.