Administrative Justice in Brazil: A Judicial, Non Judicial or Hybrid Jurisdiction?

Abstract

La version espanola de este articulo se puede encontrar en: http://ssrn.com/abstract=2390139 A versao em portugues deste artigo esta disponivel em: http://ssrn.com/abstract=2390775 Based on the institutional and procedural design of what is considered "administrative justice" in Brazil, and on the basis of on US judicial review, the text advocates a reinforcement of the administrative authorities, giving them prerogatives to act with effective independence, as a viable alternative to contending with excessive judicial review. Introduction. (i) Excessive judicial review of administrative disputes in terms of the number of cases and amounts at issue. (ii) Unsuccessful attempts to minimize the excessive judicial disputes. (iii) The origin of excessive judicial review of administrative disputes. 1) Are administrative decisions subject to due process of law? 2) Schizophrenic panorama of the Brazilian administrative jurisdiction. 3) Brazil's US-inspired monist judicial system and due process of law. 4) New perspectives for an effective administrative jurisdiction in Brazil. Conclusions.