AGU Explica - Atos Administrativos

Summary

This video explains the classification of administrative acts into three categories: simple, compound, and complex. A simple act involves a single body or agent's will, such as an ordinance issued by a minister. A compound act requires the will of one body, but verification by another body to become enforceable, like an authorization needing superior approval. A complex act requires the combination of multiple independent wills, such as the retirement process of a public servant, where one body grants the retirement and another body, like the TCU, must approve it for the act to be complete.

Takeaways

• 😀 Administrative acts in law can be classified into simple, compound, and complex acts based on their formation.
• 😀 A **simple act** requires the manifestation of will from just one body or agent.
• 😀 Even if a decision is made by a collegiate body, if it involves a single manifestation of will, it is considered a simple act.
• 😀 **Compound acts** arise from the will of one body but require verification or approval from another to become enforceable.
• 😀 In a compound act, some wills are autonomous, while others are instrumental, serving to confirm or validate the primary decision.
• 😀 **Complex acts** require the combination of wills from more than one distinct and autonomous body or agent.
• 😀 A complex act is only considered formed when the wills of the involved agents are combined and agreed upon.
• 😀 An example of a simple act is an ordinance issued by a minister, as it is the result of a single agent's will.
• 😀 A compound act can be illustrated by an authorization that needs approval from a superior body to become effective.
• 😀 A complex act example is the retirement of a public servant, where the granting of retirement is done by one body but requires further registration with the TCU for completion.

Q & A

What are the three main classifications of administrative acts based on their formation?

The three main classifications of administrative acts based on their formation are simple, compound, and complex acts.

What is a simple administrative act?

A simple administrative act is one that depends on the manifestation of will from a single body or agent. Even a decision made by a collegiate body can be considered simple if it is based on a single manifestation of will.

Can a decision by a collegiate body be considered a simple act? Why or why not?

Yes, a decision by a collegiate body can be considered a simple act because, despite involving a group, it still constitutes a single manifestation of will.

What distinguishes a compound administrative act from a simple administrative act?

A compound administrative act involves the manifestation of will from a single body or agent, but it requires verification or approval from another body before it can become enforceable. This additional step differentiates it from a simple act.

Can you give an example of a compound administrative act?

An example of a compound administrative act is an authorization that needs superior approval to become enforceable.

What is a complex administrative act?

A complex administrative act requires the combination of the wills of multiple bodies or agents. It only becomes valid once all the independent wills are combined.

Can you provide an example of a complex administrative act?

A common example of a complex administrative act is a decree signed by the chief executive and ratified by the Minister of State. Another example is the retirement of a public servant, which requires approval from multiple entities.

What happens to a complex administrative act if all the necessary wills are not combined?

If the necessary wills are not combined, the complex administrative act will not be considered formed, and it will not become enforceable.

Why is the retirement of a public servant considered a complex administrative act?

The retirement of a public servant is considered a complex administrative act because it requires the decision of one body (the entity granting the retirement), but it must also be registered with the TCU (Court of Auditors) before it is fully valid.

How does the combination of multiple wills impact the counting of the limitation period in a complex administrative act?

The combination of multiple wills in a complex administrative act impacts the counting of the limitation period because the act is not considered complete until all required wills are combined, which may affect deadlines and legal considerations.