ATOS ADMINISTRATIVOS para Concursos Públicos (RESUMO) - Conceito, Espécies e Classificação

Summary

In this video, Cíntia Brunelli provides a comprehensive yet concise explanation of administrative acts in public law. She covers the concept, classification, and types of administrative acts, breaking them down into categories such as normative acts, ordinatory acts, negotiable acts, enunciative acts, and punitive acts. The video also discusses the distinction between linked and discretionary acts based on the level of freedom allowed to public officials. Cíntia offers valuable tips for those preparing for public exams, emphasizing the importance of understanding these fundamental topics and revisiting the video for better retention.

Takeaways

• 😀 Administrative acts are unilateral actions by the public administration to confer rights or impose obligations on individuals, distinct from bilateral agreements like contracts.
• 😀 There is no direct definition of administrative acts in the Constitution or laws, so scholars like Eli Lopes Meirelles and Celso Antônio Bandeira de Mello help define them.
• 😀 The five main species of administrative acts are: Normative Acts, Ordinatory Acts, Negotiating Acts, Enunciative Acts, and Punitive Acts.
• 😀 Normative Acts are general, abstract commands that apply to the public, such as regulations, decrees, and resolutions.
• 😀 Ordinatory Acts are internal guidelines for public agents, such as instructions and circulars, to ensure proper functioning of public bodies.
• 😀 Negotiating Acts involve the administration granting permission or consent to individuals for specific actions, such as licenses and authorizations.
• 😀 Enunciative Acts declare facts or provide opinions without direct legal consequences, like certifications and opinions.
• 😀 Punitive Acts impose penalties or sanctions on individuals or entities for irregular conduct, such as fines or shutdowns.
• 😀 Administrative acts can be classified into Linked and Discretionary Acts, based on the degree of freedom the administration has in decision-making.
• 😀 Linked Acts are strictly defined by the law, leaving no room for discretion by public administrators, while Discretionary Acts allow administrators some freedom based on convenience and opportunity.
• 😀 To maximize your study effectiveness, watch the video multiple times, explore other content on the channel, and consider enrolling in foundational courses like 'Primeiros Passos no Direito' to solidify your understanding.

Q & A

What are administrative acts in the context of public administration?

Administrative acts are unilateral manifestations of the public administration's will. They can either confer rights or impose obligations on individuals. These acts are different from contracts, which require a mutual agreement between parties.

What is the primary difference between an administrative act and a contract?

The primary difference is that an administrative act is unilateral, where the public administration expresses its will without the need for agreement from the other party, whereas a contract is bilateral and requires mutual consent from both parties involved.

Can you explain the general concept of an administrative act?

An administrative act is a unilateral manifestation of will by public administration, carried out under public law, and aimed at serving the public interest. Although there's no explicit definition in the Constitution or laws, scholars in administrative law have provided this understanding.

What are the five types of administrative acts according to Eli Lopes Meirelles?

The five types of administrative acts, according to Eli Lopes Meirelles, are: (1) Normative Acts, (2) Ordinal Acts, (3) Negotiating Acts, (4) Enunciatory Acts, and (5) Punitive Acts.

What are normative acts in administrative law?

Normative acts are those that contain general and abstract commands directed at individuals, aimed at enforcing laws. These acts are meant to regulate future situations in a broad and non-specific way, such as regulations, decrees, and resolutions.

What is the purpose of ordinal acts in public administration?

Ordinal acts are directed at public agents within the administration and serve to guide their actions and behavior according to hierarchical structures. These acts include instructions, memos, and circulars intended for internal administration purposes.

What is the key characteristic of negotiating acts?

Negotiating acts involve the public administration giving its consent to a particular request from an individual or entity, such as the issuance of permits or licenses. Unlike contracts, these acts are unilateral, and the administration does not require the other party’s agreement.

How do enunciatory acts function within public administration?

Enunciatory acts are declarations that announce a fact or provide an opinion without causing direct legal consequences. Examples include certifications, reports, and administrative opinions, which do not affect the legal rights or obligations of those involved.

What are punitive acts and when are they used?

Punitive acts, also known as sanctioning acts, are those where the administration imposes penalties or sanctions on individuals or entities due to irregular conduct. These include fines, penalties, and closures of establishments for violating laws or regulations.

What is the difference between linked and discretionary administrative acts?

Linked acts leave no room for discretion because the law has already defined all the required conditions and actions the public agent must follow. Discretionary acts, on the other hand, allow for a degree of freedom in decision-making, where the public administrator can choose based on the situation’s convenience and opportunity.