Espécies de Atos Administrativos (Direito Administrativo): Resumo Completo

Summary

This class delves into the types of administrative acts and their nullity in administrative law. It outlines five types of administrative acts: normative, ordinary, business, enunciative, and punitive acts. The discussion then moves to the nullity of administrative acts, exploring four major theories: monist, binary, ternary, and quadripartite. The quadripartite theory, proposed by Celso Antônio Bandeira de Mello, introduces a four-tier system ranging from non-existent acts to irregular acts, providing a comprehensive framework for understanding administrative act validity and defects.

Takeaways

• 😀 Administrative acts are categorized into five types: normative acts, ordinary acts, business acts, enunciative acts, and punitive acts.
• 😀 Normative acts involve general and abstract commands, such as regulations and normative instructions.
• 😀 Ordinary acts are internal manifestations of the public administration, regulating the conduct of public agents.
• 😀 Business acts are administrative acts that interact with particular entities or individuals.
• 😀 Enunciative acts only declare facts or situations, like certificates.
• 😀 Punitive acts allow the administration to impose sanctions on employees or individuals, either based on disciplinary power or the power of the Empire.
• 😀 The nullity of administrative acts is governed by four main theories: monist, binary, ternary, and quadripartite.
• 😀 The monist theory states that an administrative act that doesn't comply with the law is null and void and cannot be validated.
• 😀 The binary theory, influenced by civil law, holds that administrative acts can either be null or voidable, but not non-existent.
• 😀 The quadripartite theory categorizes administrative acts into four degrees of nullity: non-existent, null, voidable, and irregular.
• 😀 The non-existent act has a defect that makes it invalid and subject to immediate enforcement actions, such as military reaction.
• 😀 A null act has a serious and incurable defect, making it irreversible, and it cannot be validated.
• 😀 A voidable act has a correctable defect related to form and competence, while an irregular act has a minor defect in formality, not affecting the core of the act.

Q & A

What are the five types of administrative acts discussed in the script?

The five types of administrative acts are normative acts, ordinary acts, business acts, enunciative acts, and punitive acts.

What is a normative act in administrative law?

A normative act is an administrative act that contains general and abstract commands, such as regulations or normative instructions.

How do ordinary acts differ from business acts?

Ordinary acts are internal administrative acts that regulate the conduct of public agents, like instructions or service orders, while business acts occur in accordance with particular administrative matters.

What are enunciative acts in administrative law?

Enunciative acts are administrative acts that simply declare facts or situations, such as certificates.

What is the role of punitive acts in administrative law?

Punitive acts allow the administration to impose sanctions on its employees or individuals in general, based on either disciplinary power or the aim of punishing an individual linked to the public administration.

What is the main concept of the monist theory regarding the nullity of administrative acts?

The monist theory, adopted by Eli Lopes Meirelles, argues that an administrative act that does not comply with the law is considered null and void, making validation impossible.

How does the binary theory view the nullity of administrative acts?

The binary theory, influenced by civil law, states that an administrative act can either be null or voidable, but it does not address the concept of a non-existent act.

What does the ternary theory add to the understanding of administrative acts?

The ternary theory expands on the binary theory by introducing a third category, stating that an administrative act can be null, voidable, or irregular.

What is the quadripartite theory, and what are its four degrees of nullity?

The quadripartite theory, supported by Celso Antônio Bandeira de Mello, identifies four degrees of nullity: non-existent act, null act, voidable act, and irregular act.

What distinguishes a non-existent act from a null act in the quadripartite theory?

A non-existent act is one with a defect that renders it invalid and allows for a physical reaction or military action against its execution, while a null act has a serious, incurable defect that cannot be validated.