Direito aduaneiro sancionador : do procedimento administrativo aduaneiro ao processo penal

Abstract

Power relations have always used to maintain the status quo. There is indiscriminate domination. Even with the division of powers, the executive managed to remain unattainable, strong in creating its rules and maintaining the power to decide about them. Sanctioning administrative law follows this trend, with the creation of regulations that expand the possibilities of investigation from the competence of the agency that will inspect to searches and seizures and breaches of telematic, banking and data confidentiality. The work seeks to denounce these administrative police power relations, including an investigation into judicial decisions that keep decisions unharmed on grounds that depart from the constitutional and legal guarantees of those administered and under jurisdiction, to contaminate even the criminal process.