PRINCIPLE OF JUSTICE IN THE PERFORMANCE OF PUBLIC FUNCTIONS

PRINCIPLE OF JUSTICE IN THE PERFORMANCE OF PUBLIC FUNCTIONS

» Concept

The principle of justice imposes to Administration the observance of value criteria, namely the respect for dignity of human person and for rights and fundamental freedoms, but it is not worn out in an abstract formulation

Concretely, the principle of justice absorbs and agglutinates the other administrative activity principles having practical translation in the obtaining of formal justice, translated in the respect for the Law, and material justice, this translated in the so-called fair composition of interests in the light of judgments of time and place where the Administration acts

» 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

The Public Administration in the exercise of its activity shall treat all those with whom it enters into relations in a just and impartial manner