HACHEM, Daniel Wunder. Princípio constitucional da supremacia do interesse público. Belo Horizonte: Fórum, 2011.
The principle of the supremacy of the public interest for decades peacefully accepted as one of the fundamental foundations of the juridical-administrative regime in Brazilian Public Law started to have its normative recognition severely questioned by some authors on the national scene under the argument that today it would attempt against the foundations of the Democratic Rule of Law. Such a positioning manifested in doctrinal headquarters in the last years has aroused a fierce controversy among scholars of Administrative Law in Brazil, leading the theme to the center of debates in the country. The issue, however, lacked a monographic work on the subject. In this book the author seeks to reaffirm the constitutional seat of the referred legal principle and to demonstrate that the criticisms addressed to him by part of the doctrine do not deserve acceptance. To do so, making use of an extensive and specialized national and foreign bibliography, it thoroughly investigates the political and legal-normative theoretical foundations of the constitutional principle of the supremacy of the public interest, identifying the different notions of the legal categories, principle and public interest to which the administrativists resort and pointing the different forms of incidence of the standard under analysis. After suggesting the necessary legal requirements to enable the application of the principle in reference, the author carefully examines the criticisms formulated by the authors that refute its normative existence and expands on a series of arguments aimed at attesting the impropriety of each one of them.
HACHEM, Daniel Wunder. Mandado de injunção e direitos fundamentais. Belo Horizonte: Fórum, 2012.
One of the main problems that currently presents itself, with regard to the effectiveness of fundamental rights, lies in the inertia of the Legislative and Executive Powers in regulating them, preventing them from producing their main effects. However, it cannot be admitted that the omission of the Public Power fulminates the normative force of the constitutional provisions, especially when dealing with fundamental rights, to which the Constitution attributed a reinforced legal regime, stamped by the immediate applicability. For situations like this, the constituent provided the citizen with an injunction, a constitutional action that, for a long time, had its potential emptied by the Federal Supreme Court, due to understandings linked to outdated paradigms. As a result, and the changes in the Supreme Court's understanding of this institute in recent years, the present work aims to promote a re-reading of the injunction order in the Brazilian legal system, in the light of the conceptions of Law, Constitution, jurisdiction and process consolidated with the paradigmatic transition from the Legislative State to the Constitutional State. Only in this way, based on these four solid walls, is it possible to build a new injunction under Brazilian law, placing brick with brick in a magical design to, finally, find the appropriate procedural technique for the judicial protection of unregulated fundamental rights. .
