ADMINISTRATIVE SILENCE: EFFECTS ARISING FROM THE INERTIA OF THE ADMINISTRATION

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Abstract

This review article focuses on the theme of Administrative Silence, characterized by the omissive conduct of the Administration regarding its duty to act. The concepts, their legal nature, their effects related to positive and negative silence are dealt with and, finally, administrative and judicial controls are analyzed. We work with the reference that Administrative Silence is not configured as a tacit administrative act, since it is an administrative abnormality, whose gaps need to be strongly combated. The administrative and judicial control of the effects of Administrative Silence is addressed, as instruments that mitigate the existence of this atypicality, which is also seen as an abuse of power. However, it is perceived that relevant challenges are posed to the Public Administration in Brazil, in its mission to maintain and respect fundamental rights, and the mitigation of the occurrence of Administrative Silence is one of the most intriguing and important mechanisms that contribute to ensure the Democratic Rule of Law.

Institutions

¹ DNIT

Track

WG 6 People Management and Organizational Behavior in the Public Sector

Keywords

Administrative law

Administrative Silence

Silence of the Public Administration

Legality.