PRINCIPLE OF GOOD FAITH

» Concept

The principle of good faith refers Public Administration to an ethical standard of behaviour in its relation with citizens, acting in a correct, loyal and without reserves way

It deals with a programmatic principle of behaviour that is materialised through the observance of three other principles:

» The principle of protection of trust

» The principle of materiality

» The principle of transparency

The principle of protection of trust refers us to the supervision of stability of Public Administration acts, as an indispensable condition to the safety of citizens and the permanence and the stability of the legal order; the principle of materiality requires that the administrative activity be orientated to the substantial supervision of legal situations, instead of being directed to the formalities; the principle of transparency evokes the right and the duty of information, justification and citizens? participation

» Constitution of the Portuguese Republic

Article 266, no. 2

Administrative bodies and agents shall be subject to the Constitution and to the law and in the performance of their functions, shall act with respect for the principles of equality, proportionality, justice, impartiality and good faith

» Code of Administrative Procedure

Article 6 A

1 ? The Public Administration and the individuals in the exercise of the administrative activity and in all their ways and phases shall act and treat all those with whom they enter into relations according to the rules of good faith

2 ? In the compliance with the provisions set out in the preceding numbers, shall be weighted up the fundamental values of law, relevant facing the situations considered, and, in special:

a) The trust raised in the counterparty by the activity in question

b) The aim to be attained with the activity carried out