P2 - QUESTION 3 The autotutelage is the prerogative of the administration to exercise control over the legality and merit of its own acts. Through...

P2 - QUESTION 3

The autotutelage is the prerogative of the administration to exercise control over the legality and merit of its own acts. Through the exercise of autotutelage, an illegal act can be annulled, and inconvenient or untimely acts can be revoked.
The action of the public administration must be strictly based on the commands of the law. In compliance with the principle of legality, the power of autotutelage is conferred to the public administration, which is responsible for reviewing its own acts when they are null and void, in compliance with the principles inserted in article 37 of the Federal Constitution, respecting due administrative process and individual guarantees.
The principle of autotutelage is indicated in Law No. 9,784/1999 and in the following summaries of the Federal Supreme Court:
a) Summary 346: "The public administration can declare the nullity of its own acts."
b) Summary 473: "The Administration can annul its own acts when they are tainted with vices that make them illegal, because they do not originate rights; or revoke them for reasons of convenience or opportunity, respecting acquired rights, and subject to judicial review in all cases."
c) Law No. 9,784/1999, article 53. The Administration must annul its own acts when they are tainted with legal vices, and can revoke them for reasons of convenience or opportunity, respecting acquired rights.

In the exercise of autotutelage, the administration can act ex officio or upon request, being able to annul its own acts when they are illegal or revoke them for reasons of convenience or opportunity, respecting acquired rights, and subject to judicial review (on the other hand, the Judiciary can only exercise judicial control through the request of an interested party).

FORMS OF EXERCISING AUTOTUTELAGE:

1) Annulment, which some prefer to call invalidation, is, in the words of Maria Sylvia Zanella di Pietro, the undoing of the administrative act for reasons of illegality. Since the non-compliance with the law affects the act in its origins, the annulment produces retroactive effects to the date on which it was issued (ex tunc effects). (DI PIETRO, Maria Sylvia Zanella. Administrative law. 17th edition. São Paulo: Atlas, 2004, p. 226-227). The invalidation of administrative acts that have concrete effects on individuals must be preceded by a regular administrative process.

2) Revocation of inconvenient or untimely acts: revocation is the way to undo a valid, legitimate act that is no longer convenient, useful, or timely. Only the public administration itself can revoke an administrative act that is no longer of interest to it, and the Judiciary cannot do so. The revocation of the administrative act has ex nunc effect, and all situations affected before the revocation are valid. If the revocation is total, it is called abrogation; if it is partial, it is called derogation.

3) Cancellation: cancellation is another form of undoing the administrative act in the activity of autotutelage, in which the administrative act undoes another and is based on the subsequent non-compliance with legal requirements of the object of the first act (example given by Odete Medauar: "Thus, the cancellation of a building permit can be based on non-compliance with the project."). MEDAUAR, Odete. Modern administrative law. 1st edition. São Paulo: Editora Revista dos Tribunais, p.183)

4) Validation: The exercise of autotutelage also includes the prerogative of the public administration to validate the administrative act, that is, to correct curable defects in the administrative acts it performs. However, alongside annulment, it will also be possible to validate the act, provided that it