Aula 10 - Poderes da Administração Pública - Poderes em Espécie

Summary

The video delves into the various powers of public administration, including regulatory, autocratic, and disciplinary powers. It explains the secondary nature of regulatory power, the autonomy in creating changes within the public sector, and the role of disciplinary power in sanctioning infractions by public servants or private contractors. The speaker clarifies the differences between hierarchical and disciplinary powers, their application in administrative law, and their relevance in legal exams. A comprehensive guide for understanding administrative law concepts and preparing for related tests.

Takeaways

• 😀 The regulatory power is secondary and derived; it does not create new legal situations, but clarifies or complements existing laws.
• 😀 The concept of 'autonomous decrees' allows for innovation in the legal order but is limited in scope, such as not being able to create or eliminate public bodies unless vacant.
• 😀 The regulatory power doesn't create new situations or alter laws but acts to explicate and complement existing legal frameworks.
• 😀 Administrative sanctions on civil servants result from the disciplinary power, which stems from the hierarchical power within public administration.
• 😀 The hierarchical power distributes functions and authority within government agencies, but it does not apply sanctions, which is the role of disciplinary power.
• 😀 Decrees with regulatory power should not be confused with autonomous decrees, which have a different scope of authority.
• 😀 When the public administration applies sanctions to a public servant, it is an exercise of disciplinary power, not police power.
• 😀 The application of administrative penalties in public service contracts, like those with concessionaries, falls under the scope of disciplinary power due to the specific contractual relationship with the state.
• 😀 The concept of disciplinary power also extends to private parties with legal ties to the state, such as through administrative contracts.
• 😀 Power hierarchies in government allow superior agents to delegate or revoke competences, reflecting the structure within public administration.
• 😀 The application of sanctions to a civil servant by the administration does not always result directly from disciplinary power; it is a result of a combination of hierarchical and disciplinary power, the latter being mediated.

Q & A

What is the nature of the power exercised by the administration when creating new regulations or norms?

The power exercised by the administration to create new regulations is typically secondary and derived from existing laws. It does not innovate or create new situations, but rather clarifies, complements, or expounds on existing legal frameworks.

Can the government increase its expenses through executive decrees?

No, the government cannot increase its expenses through executive decrees. Any increase in public expenses requires legislative approval, typically through a budget law, not through executive decrees.

What is the role of an executive decree in the administration?

An executive decree allows the president or relevant authority to organize and manage internal functions of the federal administration. This can include the ability to extinguish vacant public positions or reorganize the structure, but not to create or eliminate public agencies without legislative authorization.

What distinguishes an 'autonomous decree' from other types of decrees?

An autonomous decree is unique because it originates from the president's powers without needing prior authorization from the legislature. It is intended to organize the federal administration and can have legal impact, unlike regular decrees that are used for more regulatory purposes.

Is it possible for the administration to create new legal situations through the regulatory power?

No, the regulatory power cannot create new legal situations. It is secondary in nature, meaning it clarifies or complements existing laws but does not generate new legal rights, obligations, or statuses.

How does the power to impose sanctions differ between the power of police and the disciplinary power?

The power to impose sanctions on public servants is part of the disciplinary power, not the power of police. Disciplinary power addresses infractions of public servants within their professional duties, while police power generally concerns broader enforcement of public order and safety.

What is the scope of the disciplinary power in the administration?

Disciplinary power in the administration is primarily applied to public servants for misconduct or infractions within their duties. However, it can also extend to certain individuals who have a legal relationship with the government, such as those involved in contracts with the state.

What role does hierarchical power play in the administration?

Hierarchical power in the administration involves the relationship between superior and subordinate levels, enabling the distribution of functions, supervision, and delegation of responsibilities. It ensures that administrative processes are managed and that there is a clear chain of command.

Can the regulatory power alter laws or create new ones?

No, the regulatory power cannot alter or create new laws. Its function is solely to clarify and complement existing laws, ensuring their proper implementation without modifying the legal content of the law itself.

In the context of administrative sanctions, does the application of a sanction to a public servant depend directly on a judicial decision?

No, the application of a sanction to a public servant does not depend directly on a judicial decision. It is typically an internal administrative matter within the scope of disciplinary power, though judicial review may occur in certain cases.