Right of option in front of the previous and obligatory exhaust of the administrative way to exercise the respective administrative contencious action

Abstract

In the present work it is intented to demonstrate that the requirement of the previous and obligatory exhaustion of the administrative channel before exercising the respective special action of an administrative contentious nature established in special cases by the legislator must prevail over the right of option consisting in claiming in headquarters administrative or jurisdictional against the acts dictated by the State Administration, not being that requirement contrary to the exercise of the right of access to justice.