Análise dos estacionamentos rotativos: um estudo de caso acerca da delegação do poder de polícia no município de Palmas- TO

Abstract

This article studies one of the most controversial topics in current Administrative Law: the delegation of police power to individuals, based on the case study of Rotating Parking in Palmas/TO. Therefore, it starts from a general analysis of administrative powers, conceptualizing them based on national doctrine. Afterwards, it starts with the conception of police power, its attributes, characteristics and cycles in which it is divided: order, consent, inspection and sanction. Then, it examines the position of the doctrine regarding the delegation of police power, presented in two moments: classic doctrine and new perspectives of delegation of police power. Afterwards, an examination of the jurisprudence of the Superior Court of Justice and the Supreme Federal Court, focusing on the BHTRANS case. It demonstrates that it is possible to delegate police power to individuals, provided that certain requirements are observed. Then, it goes on to analyze the application of the police force in rotating car parks in general. In conclusion, it carries out the case study of the police application in the rotating parking lots in Palmas, in the state of Tocantins. In the end, it concludes that there was delegation of police power and that this delegation is at variance with the prevailing doctrinal and jurisprudential determinations.