REFORMATIO IN PEJUS NO PROCESSO ADMINISTRATIVO BRASILEIRO THE BRAZILIAN ADMINISTRATIVE PROCESS REFORMATIO IN PEJUS

The present study lies in the examination of the limits of state activity judgment of administrative appeals, especially if it is possible to contemporary Brazilian Public Administration aggravate the legal situation of the applicant to submit its nonconformist claims to a new internal trial. If this hypothesis is accepted, there is an impediment character in the election of the administrative appeal procedural route, a veiled threat to the right to appeal, which is incompatible with the fundamental right to full defense, also applied to the administrative process, whereas, there may exist situations where the judging authority identifies violation of legality, so that their behavior would be driven on base error correction. It is, therefore, to investigate the suitability or applicability of reformatio in pejus institute in the Brazilian administrative process, in view of the fundamental rights to the contradictory and full defense, applicable under express constitutional determination.