04.03. Aula do Poder Hierárquico (Direito Administrativo)

Summary

In this educational lecture, Professor Bruno Lira explains the concept of 'power hierarchy' within public administration. He outlines how power is distributed internally among public agents and organizations, focusing on the relationship of subordination that exists within the structure. He covers essential topics like compliance with superior orders, the delegation and avocation of authority, and the roles of hierarchical power in administrative law. Key legal references are used to illustrate how these principles apply to public service and the functioning of governmental organizations. The lecture concludes with an example of a typical exam question, reinforcing understanding of hierarchical power in practice.

Takeaways

• 😀 Power Hierarchy: The hierarchical power in public administration involves the internal distribution of competencies within public entities, establishing clear structures and roles.
• 😀 Hierarchy Example: When entering public service, one often starts at a lower hierarchical level (like a 'peão') before advancing, unless entering higher positions like magistrate or police delegate.
• 😀 Subordination: The hierarchical system in public administration is based on subordination, where higher-ranked individuals issue orders that must be followed by those in subordinate positions, except in cases of manifestly illegal orders.
• 😀 Legal Exception: Public servants are required to follow orders from their superiors unless those orders are clearly illegal or violate the law, like using public resources for personal tasks.
• 😀 Power Delegation: Delegation of power is when a superior authority transfers part of their competency to another, either at the same hierarchical level or below. This is often part of administrative processes.
• 😀 Power Avocation: In contrast to delegation, avocation involves a superior pulling power or authority from a subordinate agent to themselves.
• 😀 Hierarchical Structures in Government: The public sector operates with a hierarchy between its various entities (e.g., ministries), where higher authorities give orders to lower-level officials or agencies.
• 😀 Delegation vs. Avocation: For avocation, a hierarchical relationship must exist, while delegation can occur even between officials at the same level.
• 😀 No Hierarchy Between Distinct Legal Entities: There is no hierarchical relationship between two separate legal entities (like public companies), though there might be a link in terms of goals and functions.
• 😀 Questioning in Exams: Public service exams may test knowledge on hierarchical structures, such as asking about the delegation or avocation of power, requiring candidates to know the differences and legalities surrounding them.

Q & A

What is hierarchical power in public administration?

Hierarchical power in public administration refers to the internal structure and distribution of authority within an organization. It involves the ability of superior agents or bodies to issue orders to subordinates, ensuring that authority and responsibilities are clearly defined and followed within the administrative system.

What are the responsibilities of public servants in a hierarchical structure?

Public servants are required to follow orders from their superiors, except when those orders are manifestly illegal. This means that they must obey instructions unless they can immediately identify that the order is unlawful based on the law.

What does it mean when an order is manifestly illegal?

An order is manifestly illegal when it is clearly and obviously unlawful. The public servant can immediately recognize that the order goes against the law, such as asking to use official resources for personal reasons.

What is the difference between delegation and avocation of competence?

Delegation of competence occurs when a superior agent transfers part of their responsibility to a subordinate or peer within the same hierarchy. Avocation of competence is the reverse, where a superior agent pulls part of the competence from a subordinate to themselves.

Can hierarchical power be exercised outside of the legal framework?

No, hierarchical power must always operate within the boundaries defined by law. Public authorities are not allowed to exercise power in ways that are not legally prescribed, such as punishing employees without a formal legal process.

How does hierarchical power apply to different government agencies?

In government agencies, hierarchical power exists between the different levels of authority. For example, the president has authority over ministries, and ministers have authority over their respective departments. The distribution of tasks and responsibilities follows a hierarchical structure, ensuring order and efficiency.

What is the significance of the Law 8112 in relation to hierarchical power?

Law 8112 outlines the duties of public servants, including their obligation to follow superior orders unless the orders are manifestly illegal. This law emphasizes the hierarchical structure of public service and the importance of adhering to lawful instructions.

Why is it essential for public servants to follow orders from superiors?

It is essential because hierarchical power in public administration relies on clear lines of authority and responsibility. Public servants must comply with orders to maintain order, discipline, and efficiency in governmental operations.

How does the concept of hierarchy differ between different types of public bodies?

Hierarchy exists within a single public body, such as a government department, but not necessarily between different bodies. For example, ministries and their subordinate agencies follow a hierarchical structure, but agencies like autarchies do not have a hierarchical relationship with ministries.

What was the key point discussed regarding the legal limitations of hierarchical power in public administration?

The key point is that hierarchical power is always constrained by law. Authorities must act within the legal framework, and any action that violates legal procedures, such as punishing public servants without due process, is not permissible.