THE SUPREMACY OF PUBLIC INTEREST IN CRITICAL PERSPECTIVE: PERMANENCE, TRANSFORMATION OR EXHAUSTION IN CONTEMPORARY ADMINISTRATIVE LAW

Abstract

The principle of the supremacy of public interest has historically occupied a central position in Brazilian Administrative Law, legitimizing state prerogatives and the structural asymmetry between Public Administration and private individuals. However, the structural transformations of the State in the 21st century, marked by the constitutionalization of law, the centrality of fundamental rights, the expansion of accountability mechanisms, the rise of public governance, and the incorporation of digital technologies and algorithmic systems into administrative decision-making, require a critical reassessment of this principle. This article aims to analyze whether the supremacy of public interest remains a foundational pillar of the administrative legal regime or whether it demands a redefinition compatible with contemporary paradigms of governance, innovation, and sustainability. Methodologically, the study adopts a qualitative, theoretical-analytical, and critical-interpretative approach, based on a specialized literature review, normative analysis, and the examination of institutional frameworks on algorithmic governance and artificial intelligence in the public sector. The findings indicate that the principle has not disappeared but has undergone a process of transformation, shifting from an abstract presumption of precedence to a model that requires institutional construction, rational justification, and continuous oversight of administrative decisions. The article concludes that the supremacy of public interest persists only when integrated into democratic governance arrangements, responsible innovation, and sustainability, as articulated by the GIS Cycle, otherwise becoming mere rhetoric legitimizing opaque or abusive state action.