Expropriation for public interest:

case analysis from a habermasian perspective

Abstract

The main focus of this article is the analysis of the administrative discretion in the expropriation of the document entitled Ofício 164/2015-GP/TCE/RN that started the expropriation process with the purpose of expanding the physical structure of Court of Auditors of the State of Rio Grande do Norte (TCE/RN), in the light of the concepts of State, public interest, administrative discretion and participatory democracy. To this end, we conduct a theoretical analysis of the formation of the modern State and the delimitation of a purpose to the State. The appearance of control over the ruler's acts and the conceptions of the terms administrative discretion, public interest and the theoretical model by Habermas for the construction of the administrative act, are done by means of a research that performs the approach in a descriptive and bibliographic manner. In addition, the details of the concrete case are exposed, bringing elements about the other actors affected by it whose interests were not considered in the justification of the administrative act, demonstrating that the case does not comply with the propositions of Jurgen Habermas for the participatory democracy. At the end, the importance of the Brazilian doctrinal and jurisprudential evolution of the review and control of the merit of the administrative discretion act, with the elements of the discretion formation as put by Habermas, is pointed out in order to allow the verification of the absence of public interest in the given concrete case in light of the interests of all those involved, confirming the research hypothesis.