Юридические аспекты этического принципа защиты законных ожиданий (на примере Южной Америки)

Abstract

The principle of legitimate expectations becomes a new limiter of administrative action, further strengthening the legal positions of the subject. The author shows that the principle of legitimate expectations is aimed at protecting the positions of the subject. This doctrine belongs to administrative law and is associated with the ethical principles of morality, loyalty and, above all, good faith. Influenced by the Spanish experience, this is now a widespread approach in South American countries where the doctrine of legitimate expectation is mentioned in administrative procedures. This is particularly relevant predominantly in the context of administrative actions. The author highlights the idea that in South America, legal practice directly points to the principle of good faith as an effective means of preventing a negative attitude towards an individual. The paper analyses the features of the application of this principle in such South American countries as Venezuela, Colombia, Brazil, Costa Rica, Peru, Bolivia and Uruguay. At the same time, the author notes that there are several factors that affect the operation of the principle, do not depend on normative acts, and may limit the protection of the legal positions of subjects. The most important of these is the process of transition to democracy, which is still ongoing in these countries and is strongly influenced by persistent primary dynamics such as the logic of so-called caudilism, idiosyncratic legal traditions and political practices, and complex and conflicting social, ethical and cultural contexts.