What is the legal concept of abuse of power in the Brazilian administrative law? I - Abuse of power is a legal concept that makes the administrati...
What is the legal concept of abuse of power in the Brazilian administrative law?
I - Abuse of power is a legal concept that makes the administrative act null and void when the public agent acts outside the objectives set forth in the law.
II - The abuse of power presupposes a competent public agent, and it can occur in two modalities: excess of power and deviation of power.
III - Excess of power is the form of abuse of power that affects the finality of the act, while deviation of power affects the requirements of motive and object.
IV - The abuse of power is a legal concept that only affects the form of the administrative act.
V - The abuse of power is a legal concept that only affects the competence of the public agent.
a) I, II and III are correct.
b) II and III are correct.
c) I and IV are correct.
d) II and V are correct.
e) III and V are correct.
I - Abuse of power is a legal concept that makes the administrative act null and void when the public agent acts outside the objectives set forth in the law.
II - The abuse of power presupposes a competent public agent, and it can occur in two modalities: excess of power and deviation of power.
III - Excess of power is the form of abuse of power that affects the finality of the act, while deviation of power affects the requirements of motive and object.
IV - The abuse of power is a legal concept that only affects the form of the administrative act.
V - The abuse of power is a legal concept that only affects the competence of the public agent.
a) I, II and III are correct.
b) II and III are correct.
c) I and IV are correct.
d) II and V are correct.
e) III and V are correct.
💡 1 Resposta
Ed 
A alternativa correta é a letra "a) I, II e III são corretas". O conceito jurídico de abuso de poder no direito administrativo brasileiro envolve a anulação do ato administrativo quando o agente público age fora dos objetivos estabelecidos em lei. O abuso de poder pode ocorrer em duas modalidades: excesso de poder, que afeta a finalidade do ato, e desvio de poder, que afeta os requisitos de motivo e objeto. Portanto, as afirmativas I, II e III estão corretas.
✏️ Responder
Para escrever sua resposta aqui, entre ou crie uma conta
Outros materiais
Compartilhar