PRINCÍPIO DA LEGALIDADE - Art. 5º, II da Constituição Federal - Resumo dos principais pontos

⚖️ FIRST STEPS IN LAW: the method for those who want to learn Law in a simple and objective way (without tearing their hair out over boring classes or confusing books). 👉 REGISTRATION through the website: https://cintiabrunelli.com.br/direito ⚖️ Read the book INTRODUCTION TO THE WORLD OF LAW and learn, in one afternoon, what law students take 6 months to learn in college. 👉 PURCHASE THE BOOK through the website: https://cintiabrunelli.com.br/intro ❤️️ MY WEBSITE: https://cintiabrunelli.com.br 💎 TELEGRAM Group: https://t.me/cintiabrunelli 📷 INSTAGRAM:   / me.julga   📧 EMAIL: [email protected] 🏆 Also subscribe to the channel NEW LAWYERS:    / @novatosdodireito   ===================================== In Brazilian law, the principle of legality is enshrined in article... Article 5, item II, of the Federal Constitution establishes that "no one shall be obliged to do or refrain from doing anything except by virtue of law." Only the law can create rights, duties, and prohibitions. The principle of legality arose with the Democratic Rule of Law to oppose any and all forms of authoritarian or anti-democratic power. This principle was already foreseen in Article 4 of the Declaration of the Rights of Man and of the Citizen, which was drafted during the French Revolution in 1789. Today I will provide a general overview of the principle of legality and everything else important about this subject. Through the principle of legality, the aim is to protect individuals against abuses committed by the State and even by other private individuals. However, this principle must be interpreted differently for private individuals and for public administration. In the context of private relations, one can do everything that the law does not prohibit. The principle of autonomy of the will prevails. Regarding public administration, it can only do what the law permits. This is the principle of strict legality. According to Article 37, caput, of the Constitution, the Direct and Indirect Public Administration of any of the powers of the Union, the States and the Federal District, and the Municipalities, must obey the principles of legality, impartiality, morality, publicity, and efficiency. The famous LIMPE (Law of Public Administration, Impersonality, and Efficiency). The principle of legality is one of the corollaries of Public Administration. Any and all activities of the Administration must be strictly linked to the law, and public agents cannot perform acts or activities without legal provision. This obligation is intimately linked to the principle of the unavailability of the public interest. In the penal sphere, it is worth mentioning Article 5, item XXXIX, of the Constitution, which determines that there is no crime without a prior law defining it, nor punishment without prior legal stipulation. You can observe that we also have here the principle of prior law, because laws must come first. Furthermore, when the Constitution mentions that a LAW must be drafted, this means that it is not possible to create new criminal offenses through other normative instruments, such as provisional measures. This is the principle of Legality. Enjoy the video! ===================================== COMMON SEARCHES: 1 - What is the principle of legality in Constitutional Law? 2 - Summary on the principle of legality 3 - Principle of Legality: understand the main points 4 - Principle of Legality in Public Administration #CintiaBrunelli #ILoveLaw #Legality ===================================== --RECOMMENDED PLAYLISTS-- INTRODUCTION TO LAW •    • INTRODUÇÃO AO DIREITO: Aulas Fáceis e Resu...   TIPS FOR LAW STUDENTS •    • DICAS PARA ALUNOS DE DIREITO: Aprenda Mais...   HUMAN RIGHTS •    • DIREITOS HUMANOS, TUTELA COLETIVA E BIODIR...   CONSTITUTIONAL AND ADMINISTRATIVE LAW •    • DIREITO CONSTITUCIONAL, ADMINISTRATIVO e D...   ===================================== ABOUT THE CHANNEL Cíntia Brunelli explains Law in a simple way and helps you study better. This channel is aimed at law students, future university students, beginners preparing for competitive exams, or even those interested in learning basic legal concepts to understand news about the legal field. In her videos, she also shares how she passed public service exams while still in college, how she studies to learn faster, and various ways to do well on tests and answer questions correctly. 00:00 Leave your Like! 01:00 Not subscribed yet? Subscribe :D 02:00 Special Links in the Description