Análise da Discricionariedade na Autotutela Administrativa: Enfoque na Revisão de Insalubridade do Executivo Federal
The present work analyzes the Institutes of Legality, Self-Assessment, Discretion, Legal Security and Good faith in the exercise of the Administrative activity from a practical case, that is, the occurrence of Unhealthy Revisions within the scope of the Federal Executive Branch. The Public Administr...
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Formato: | bachelorThesis |
Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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Endereço do item: | https://repositorio.ufrn.br/handle/123456789/44186 |
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Resumo: | The present work analyzes the Institutes of Legality, Self-Assessment, Discretion, Legal Security and Good faith in the exercise of the Administrative activity from a practical case, that is, the occurrence of Unhealthy Revisions within the scope of the Federal Executive Branch. The Public Administration, using the prerogative of reviewing its legal acts, due to the convenience and opportunity, promoted a change of understanding in the cases of framework for the conversion of the special time in common, as well as in the cases of Special Retirement. This led to a decrease in the length of service of federal civil servants, who questioned the application of the principles of legal certainty, good faith and trust that should govern the acts of the Executive Power. Using bibliographic research, jurisprudential analysis and legislation relevant to the subject, we find that the revision procedure has severely damaged several principles of Administration, a situation in which the Judiciary has shown itself to be a great ally in guaranteeing rights to the servers. |
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