Efeitos dos vícios do ato administrativo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study is aimed at analyzing the effects produced by the defects in the administrative act. The concept of legal principle has changed over the years: now it becomes increasingly important to the Science of Law, being endowed with new implications. For this reason, the resumption of matters already explored, and which are not recent, is explained by the substantial consequences brought by the conceptual evolution of legal principle, which is precisely the starting point of this exposition: the normative system is made up of rules and principles, both of which are autonomous legal norms. One sought to extract all of the legal consequences resulting from the normative autonomy of the principles, and from such consequences rethink those concepts of administrative function, administrative act, administrative defects, and finally, the effects resulting from said defects. This concerns a dogmatic study, driven towards the identification of the legal norms prevailing in the Brazilian legal system. One has, therefore, undertaken an analysis of the normative and academic texts related to the theme. The administrative function is exercised through the issuing of the administrative act, a name given to every vehicle that brings a new administrative norm into the legal system. The administrative act must always apply the heaviest principle to a case under scrutiny in a court of law according to the means required by the legal system. It will be defective when one, out of the six requirements of compliance, to wit, subjective, objective, causal, material, logic and formalistic, proves to be faulty. Four effects resulting from the defects of the administrative act have been identified: the duty to cause the defect to be cured, the right to a passive resistance, the duty to compensate for the damages caused, and the duty to hold its agent liable. The study revealed the relevance of pondering the factual and legal circumstances both for the identification of the effects and for them to be characterized. The administrative function, hence the main conclusion hereof, is not exercised only by fitting the facts to the law, but above all, by weighing the rules and principles, considering their respective factual circumstances

ASSUNTO(S)

atos administrativos -- brasil direito vícios do ato administrativo defects in the administrative act

ACESSO AO ARTIGO

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