Atributos dos Atos Administrativos (Direito Administrativo): Resumo Completo

Summary

This video discusses the core attributes of administrative acts in administrative law, including the presumption of legitimacy, interactivity, enforceability, self-execution, and typicality. It explains how these attributes impact the validity and application of administrative acts, from their presumed alignment with public interest to the use of physical force in some cases. The video also differentiates between presumption figures like legitimacy, legality, and truthfulness, while emphasizing the need for proportionality and reasonableness in administrative actions. These attributes ensure that the state's actions are regulated within the rule of law, fostering clarity and efficiency in administrative processes.

Takeaways

• 😀 The presumption of legitimacy means that administrative acts are considered valid until proven otherwise, but this presumption is relative, allowing for proof to the contrary.
• 😀 This presumption is not a direct result of the principle of legality but an extension of it, as administrative acts are assumed to comply with the law unless challenged.
• 😀 Some scholars distinguish between the presumption of legitimacy (conforming to public interest), the presumption of legality (compliance with the law), and the presumption of truthfulness (accuracy of the facts behind the act).
• 😀 Interactivity (or coercivity) is an attribute of most administrative acts, allowing the administration to impose obligations on individuals, such as traffic regulations.
• 😀 Not all administrative acts have interactivity; it is more common but not universal, unlike the presumption of legitimacy which applies to all acts.
• 😀 Enforceability allows the administration to apply administrative acts without judicial involvement, such as issuing traffic fines or penalties directly.
• 😀 Enforceability involves indirect coercion with a didactic effect, encouraging individuals to comply with regulations.
• 😀 Self-execution refers to the ability of some administrative acts to be enforced directly, often using physical force, without needing judicial intervention (e.g., towing a vehicle).
• 😀 The term 'self-executing' is preferred over 'enforceable' because it indicates that judicial intervention is not required for enforcement.
• 😀 Typicality means that each administrative act corresponds to a specific situation, and there are no unnamed administrative acts; every act has a defined purpose and legal function.
• 😀 The concept of typicality ensures that administrative acts are aligned with the dogmatic function of controlling state actions within the rule of law.

Q & A

What is the presumption of legitimacy in administrative acts?

The presumption of legitimacy means that an administrative act is presumed valid until proven otherwise. It is based on the principle that public administration acts according to the law, and thus their actions are presumed legitimate unless proven otherwise.

How does the presumption of legitimacy relate to the principle of legality?

The presumption of legitimacy is an unfolding of the principle of legality, which dictates that public administration can only act as authorized by law. Silence in the law is interpreted as a prohibition, and when the administration acts, it is presumed to be legitimate.

What is the difference between the presumption of legitimacy, legality, and truthfulness?

The presumption of legitimacy refers to the act being performed in the public interest; the presumption of legality indicates the act complies with the law; and the presumption of truthfulness pertains to the facts supporting the act.

What is the concept of interactivity in administrative law?

Interactivity, also called coercivity, is the attribute that allows the administration to create obligations for individuals, regardless of their will. It arises from the state's power and applies to most administrative acts, such as traffic signs prohibiting parking.

Administrative Act Legitimacy Q&AAre interactivity and enforceability attributes of all administrative acts?

No, interactivity and enforceability are attributes of most, but not all, administrative acts.

What does enforceability mean in administrative acts?

Enforceability allows the administration to apply the act without judicial interference. It enables the administration to impose penalties, such as traffic fines, without needing a court decision.

What is the difference between self-executing acts and enforceability?

Self-executing acts allow the administration to apply physical force to enforce the act, such as towing a car. Enforceability is an indirect form of coercion, like imposing a fine, that does not involve physical force or immediate action.

Why is the term 'self-executing' preferred over 'enforceability'?

The term 'self-executing' is preferred because it implies that the act is enforced directly by the administration without the need for judicial intervention. Enforceability, in legal terms, usually involves the judiciary, which is not the case in self-executing acts.

Can you provide examples of self-executing administrative acts?

Examples of self-executing acts include actions like towing a car from a no-parking zone or vacating a building in a risk area due to safety concerns. These actions are carried out directly by the administration, without the need for court orders.

What is the concept of typicality in administrative law?

Typicality refers to the idea that every concrete situation has a specific type of administrative act that applies. There are no unnamed administrative acts, and each act corresponds to a specific legal situation, which aligns with the function of administrative acts in controlling state actions within the rule of law.