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Key research themes
1. What are the foundational procedural principles guiding administrative procedural law frameworks and judicial review mechanisms?
This research theme explores the core procedural principles that underpin the functioning of administrative procedural law across different legal systems, focusing on their articulation in legislation and their role in ensuring effective, fair, and rule-based administrative justice. It matters because these foundational principles provide the legitimacy and operational standards that govern administrative proceedings and judicial supervision of administrative actions, directly impacting the protection of rights and freedoms in public administration.
Key finding: Although focused on criminal procedural law, this work details fundamental procedural principles such as juridicality, due process (pre-established process), and initiation of procedural action, illustrating their... Read more
Key finding: This model code offers a transnational framework integrating key procedural principles such as the intensity of supervision, scope of judicial review, independence of administrative jurisdiction, procedural fairness... Read more
Key finding: Complementing the Euro-American model code, this paper elaborates on general principles of jurisdictional review derived from the concept of Rule of Law and effective judicial protection. The articulation of procedural... Read more
Key finding: Argues for a procedural definition of administrative law anchored in constitutionally recognized personal and political autonomy, highlighting that reasonable administrative decisions derive value from compliance with... Read more
2. How do judicial and non-judicial mechanisms ensure due process and effective judicial protection within administrative proceedings in Latin America and comparable jurisdictions?
This area investigates the procedural guarantees that safeguard rights during administrative adjudication, focusing on due process, judicial review of discretionary decisions, independence of authorities, and the practical challenges in implementing effective legal remedies. It is critical because it addresses the operationalization of fairness and legality in administrative matters, impacts on citizens' rights, and reconciles differing legal traditions (e.g., Anglo-Saxon versus Continental) within Latin American and related jurisdictions.
Key finding: This paper examines the guarantees of administrative due process in Brazil, highlighting tensions between self-executory administrative decisions and judicial actions, the distinction between administrative procedure and... Read more
Key finding: Analyzes the jurisdictional review of access to information rights in Latin America, focusing on judicial and non-judicial review of administrative decisions. It discusses formal and substantive legality reviews,... Read more
Key finding: Offers a historic and comparative analysis of administrative jurisdiction development in Latin America, showing competing influence of European continental and U.S. due process traditions. It highlights how constitutional... Read more
Key finding: Reconceptualizes administrative discretion as bounded by constitutionally mandated fundamental rights protection and subject to judicial interpretation guided by social legal order principles. It critiques traditional views... Read more
3. What roles do professional ethics, competence, and organizational principles play in the practice and administration of administrative procedural law?
This research theme focuses on the professional standards, ethical commitments, and organizational functions that underpin effective administrative processes and justice administration. Emphasizing auditor roles, organizational commitment, and administrative practice objectivity, it matters because these elements ensure that procedural fairness is not only a legal prescription but also an institutionalized practice sustained by expert actors committed to integrity and competence.
Key finding: Explores the historical and ethical foundations of professions including jurists and administrators of justice, underscoring themes of vocation, public oath, honor, and professional responsibility. It asserts that... Read more
Key finding: Details the qualifications, methodological functions, and ethical imperatives of administrative auditors, stressing continuous competency development, independence, integrity, and objectivity. This competence and ethical... Read more
Key finding: Analyzes organizational commitment conceptually as an attitude promoting alignment with organizational goals and reducing turnover intentions. Discusses multidimensionality of commitment including affective and normative... Read more
Key finding: Argues for an objective meaning of administrative practice grounded in organizational logic and social relations networks. It posits that administrative practice must be scientifically examined to produce change through... Read more
Key finding: Using post-structuralist frameworks, this study highlights alternative, non-hegemonic forms of administration rooted in daily, localized practices emphasizing autonomy, dialogicity, and ethical multiplicity. It challenges... Read more