Transnational administrative law: the efficacy and recognition of foreign administrative acts in Brazil

Abstract

This article analyzes the efficacy and recognition of foreign administrative acts in Brazil from the perspective of Transnational Administrative Law. It starts from the premise that the intensification of transnational relations and the international circulation of persons, documents, professional qualifications, and administrative legal situations challenge the territorial tradition of Administrative Law. The research problem lies in the observation that the Brazilian legal system lacks a general framework on the subject, especially in light of the growing internationalization of the lives of individuals subject to administrative action. It argues that Brazilian law should adopt a dualist model based on functionality, in which automatic recognition is justified only when there is a specific normative basis, whereas, in other cases, conditional or simplified administrative recognition should prevail, guided by functional equivalence, legality, public policy, and fundamental rights. The research adopts the deductive method, using the Apostille Convention and the recognition of foreign diplomas within Mercosur as examples. It concludes that the Brazilian gap is not merely legislative, but also dogmatic, since there is often confusion between the validity of the foreign administrative act and the efficacy of its effects in the host State.