AULA 02 - DIREITO ADM

Introduction

This tutorial is designed to guide you through the key concepts discussed in the second lesson of the Administrative Law (Direito Administrativo) series by IB Concursos. Understanding administrative law is crucial for anyone preparing for public service examinations in Brazil, as it governs the activities of administrative authorities and their interactions with citizens.

Step 1: Understand the Basics of Administrative Law

• Define administrative law as a branch of public law that regulates the activities of government agencies.
• Recognize its role in ensuring that administrative actions are lawful, just, and in the public interest.
• Key concepts to grasp:
  • Administrative acts: Actions taken by public authorities.
  • Public administration: The implementation of government policies and services.

Step 2: Identify the Sources of Administrative Law

• Familiarize yourself with the primary sources:
  • Constitution: The Brazilian Constitution serves as the highest source of administrative law.
  • Laws: Specific laws that govern public administration.
  • Regulations: Normative acts issued by administrative agencies to detail the application of laws.
  • Case Law: Judicial interpretations and decisions that shape the understanding of administrative law.

Step 3: Learn About Administrative Acts

• Understand what constitutes an administrative act:
  • It must be a unilateral decision by an administrative authority.
  • It should have legal effects on the rights or duties of individuals.
• Key characteristics of administrative acts:
  • Lawfulness: Must comply with legal norms.
  • Purpose: Must serve the public interest.
  • Motive: Must be based on valid reasons.

Step 4: Explore the Types of Administrative Acts

• Differentiate between various types of administrative acts:
  • Normative acts: General rules applicable to all.
  • Individual acts: Specific decisions affecting particular individuals.
  • Discretionary acts: Decisions made within the limits of the law but allowing for some judgment.
  • Mandatory acts: Required actions that must be executed.

Step 5: Review the Principles of Administrative Law

• Familiarize yourself with the fundamental principles:
  • Legality: Administrative actions must be grounded in law.
  • Impersonality: Decisions should not favor specific individuals.
  • Morality: Actions must adhere to ethical standards.
  • Publicity: Administrative decisions should be transparent to foster accountability.

Conclusion

In this tutorial, we covered the essentials of administrative law, including its definitions, sources, types of acts, and fundamental principles. To deepen your understanding, consider reviewing related legal texts and case studies. This foundational knowledge is essential for succeeding in administrative law and related examinations. Continue exploring more advanced topics to enhance your proficiency in this field.