Publicação
Sobre a intervenção da Administração perante acto administrativo inválido
| Resumo: | The purpose of this dissertation is to study the hypothetical duty of the Administration to deal with invalid administrative acts. Although it is an issue that arises from a traditional theme, such as the invalidity of the administrative act, the option to study this matter is essentially related to the relevance that we consider the act continues to have in relation to the activity of the Administration, independently of the emergence of other modalities. In this sense, it is urgent to study the modalities of action foreseen in the Administrative Proceedings Code, the way to which they relate and the results of their application. In order to fulfill this argument, we begin with the classical doctrine of the act, particularly with its essential elements, its defects, and consequences of invalidity, specially considering nullity, annulment and non-existence. Furthermore, we turn to those that we consider to be the three mechanisms through which the Administration will eventually act: the administrative annulment, the utilization (despite the defect) through the non-production of the annulment effect, and, finally, the convalidation.We have followed a path that analyzed each one of the mechanisms from a doctrinal point of view, but also from a jurisprudential one, through various decisions of our Higher Courts, culminating in legislative reforms that translate into what we believe to be the implicit consecration of a duty of action of the Administration in the face of invalid administrative acts. |
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| Autores principais: | Gonçalves, José Carlos do Lago |
| Assunto: | Acto Administrativo Invalidade Anulação Administrativa Aproveitamento do Acto Convalidação Administrative Act Invalidity Administrative annulment Utilization of the act Convalidation |
| Ano: | 2019 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso embargado |
| Instituição associada: | Universidade de Coimbra |
| Idioma: | português |
| Origem: | Estudo Geral - Universidade de Coimbra |
| Resumo: | The purpose of this dissertation is to study the hypothetical duty of the Administration to deal with invalid administrative acts. Although it is an issue that arises from a traditional theme, such as the invalidity of the administrative act, the option to study this matter is essentially related to the relevance that we consider the act continues to have in relation to the activity of the Administration, independently of the emergence of other modalities. In this sense, it is urgent to study the modalities of action foreseen in the Administrative Proceedings Code, the way to which they relate and the results of their application. In order to fulfill this argument, we begin with the classical doctrine of the act, particularly with its essential elements, its defects, and consequences of invalidity, specially considering nullity, annulment and non-existence. Furthermore, we turn to those that we consider to be the three mechanisms through which the Administration will eventually act: the administrative annulment, the utilization (despite the defect) through the non-production of the annulment effect, and, finally, the convalidation.We have followed a path that analyzed each one of the mechanisms from a doctrinal point of view, but also from a jurisprudential one, through various decisions of our Higher Courts, culminating in legislative reforms that translate into what we believe to be the implicit consecration of a duty of action of the Administration in the face of invalid administrative acts. |
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