The role of politics in the dogmatics of Administrative Law

Abstract

The article investigates the relationship between politics and Administrative Law, highlighting how this interaction has evolved historically. Initially, Administrative Law emerged closely linked to politics, reflecting the limitation of state power in the establishment of the Rule of Law. However, with the advancement of legal positivism and Weberian bureaucracy, efforts were made to separate the two fields to enhance the technical precision and objectivity of the discipline. The study analyzes the perspectives of both national and international classical scholars, demonstrating that, although politics played a fundamental role in the formation of Administrative Law, its influence was progressively reduced throughout the 20th century. Nevertheless, the article argues that this separation cannot be absolute, as administrative action necessarily takes place in contexts of political interaction. The enactment of Law No. 13,655/18 (the New LINDB) marks a turning point in the reestablishment of the connection between Administrative Law and politics, as it requires that administrative decisions consider the public management context in which they were made, as well as their practical consequences. This new paradigm introduces a pragmatic approach, making the dogmatics of Administrative Law more closely aligned with the realities of public administration.