General lines of revocation of an administrative act

Abstract

The study of the revocation of administrative acts [still] raises many doubts and uncertainties, raising theoretical and practical questions. The fact is that, in revocation, the Public Administration, based on discretion, therefore, through criteria of convenience or opportunity (public interest), modifies or extinguishes legal situations; however, revocation often occurs abruptly, without observing due legal process. Perhaps this stems from the need for the state to act quickly, in order to be expeditious and effective and thus serve the public interest. However, the legal system moulds the authorities' actions to constitutional and legal dictates. As a result of the democratic system of law (art. 1, caput, of the Federal Constitution), the form, means and administrative decisions must meet not only the desires and needs of society (public interest), but [equally], as far as possible, the "legal sphere" of the private parties in the administrative relationship. To this end, we address the following topics on the revocation of the administrative act: concept, effects, form, legal nature, timing, limits, competence, misuse of purpose, lack of reason, "one-time" and "ongoing" acts, res judicata, compensation: legal sphere and acquired right: effects on third parties. As such, this short article contains the fundamental lines of the revocation of administrative acts, without neglecting, however, aspects related to the limits of revocation, as well as the legal consequences arising from it.