Requisições administrativas: atualizações à luz do Estado Democrático de Direito

Administrative requirements are one of the strongest and most typical empire and vertical powers of the State over individuals. Due to its nature and the requirements of a state of public need, the risk of distorting the institute regarding the limits and guarantees proper to the Democratic State of Law is even greater than regarding other Administrative Law ablative and limiting mechanisms. Since most of its traditional legislation was enacted during the war or dictatorships makes it even more essential to update the institute in light of the current constitutional order. In this context, general principles can serve as an important hermeneutical compass to interpret and apply the institute, especially when they mind the economic aspects inevitably inseparable from it. The institute gains even more relevance in times of great public commotion, such as during the pandemic caused by the Covid-19, in which the scarcity of inputs and even the absence of current public resources to fight the disease bring the requirement discipline again to the spotlight. This study aims, therefore, to revisit the institute, conforming it to the pillars of the Democratic Rule of Law, as has already taken place in other types of state intervention in the private domain.