Nulidade Absoluta E Relativa | Duarte Moral Advogados

Summary

In this video, Mariana Polido, a public law attorney, explains the concept of legal nullities in Brazilian law, focusing on the differences between absolute and relative nullities. She clarifies that absolute nullity occurs when an act violates fundamental public norms, making it invalid from the start, while relative nullity arises when an act contravenes private norms and must be challenged by the affected party. Through practical examples, such as contracts signed by minors or improper public asset transactions, Mariana highlights the importance of understanding these distinctions, including relevant deadlines and legal procedures, to ensure the validity and security of legal relationships.

Takeaways

• 📌 Nullity in Brazilian law refers to a legal act being considered invalid or having no effect from a legal perspective.
• ⚖️ There are two types of nullity: absolute nullity and relative nullity (also called annulability).
• 🛑 Absolute nullity occurs when an act violates public order norms or fundamental principles, making it invalid regardless of the parties' intentions.
• 👶 An example of absolute nullity is a contract signed by a person under 16 without parental authorization, as they are legally incapable of acting alone.
• 🏛️ Another example is the unauthorized sale of public property, which is null due to violating constitutional and specific legal procedures.
• 🔹 Relative nullity occurs when an act violates private or individual norms, and only the affected party can request annulment.
• 👦 An example of relative nullity is a contract signed by someone between 16 and 18 years old, who is relatively incapable; the contract can be annulled if challenged by the affected party.
• 📅 Nullities have specific deadlines for being claimed, governed by statutes of limitations (prescription) and expiration periods (decadence).
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• 💼 Lawyers must be aware of these deadlines to advise clients correctly, ensuring they can seek annulment or avoid frustration from late claims.
• 🌐 Understanding the difference between absolute and relative nullity is crucial for ensuring valid and secure legal transactions.
• 📲 The video encourages viewers to follow the channel and social media for more legal information and updates.

Q & A

What is the general concept of nullity in Brazilian law?

Nullity in Brazilian law refers to a situation where a legal act is considered invalid and has no legal effect from the outset.

What are the two types of nullity according to the Brazilian Civil Code?

The two types of nullity are absolute nullity and relative nullity (also known as annulability).

What defines absolute nullity in Brazilian law?

Absolute nullity occurs when an act violates public norms or fundamental principles of the legal system, making the act invalid regardless of the parties' intentions.

Can you give an example of absolute nullity?

An example of absolute nullity is a contract signed by a person under 16 without parental authorization, or the sale of public property without legal approval, violating principles like legality and proper administrative procedure.

How is relative nullity different from absolute nullity?

Relative nullity occurs when an act violates private norms or the interests of specific parties. Unlike absolute nullity, it can only be annulled if the affected party requests it through legal action.

Can you provide an example of relative nullity?

A contract signed by a person aged 16 or 17, who is relatively incapable, can be annulled if the minor or other affected party requests annulment through a judicial process.

What is the legal purpose of recognizing nullities?

The purpose is to ensure the validity and legal security of actions that comply with the law, protecting the parties and upholding legal principles.

Are there time limits to request nullity in Brazilian law?

Yes, there are deadlines governed by the principles of prescription and decadence, which must be observed to ensure the nullity or annulment can be successfully requested.

Why is it important for both lawyers and clients to be aware of these deadlines?

Lawyers need to know the deadlines to properly guide their clients, while clients must be informed to avoid frustration from failing to act in time to annul or nullify an act.

Which legal instruments or legislation govern nullities in Brazil?

Nullities are primarily governed by the Brazilian Civil Code and various specific laws that regulate particular types of legal acts, including administrative procedures and contracts.

What are some principles violated in cases of absolute nullity of administrative acts?

Principles such as legality and the motivation of administrative acts are commonly violated, making acts like unauthorized sales of public property absolutely null.

Why is understanding the difference between absolute and relative nullity essential?

It is essential because it determines who can request annulment, the legal consequences of the act, and the proper procedures to protect legal rights and relationships.