O Que É A Competência do Ato Administrativo? (Exemplos)


A competência tem as seguintes características:

a) Irrenunciabilidade: o agente público não pode renunciar à prática de ato que é de sua competência (relembramos: trata-se de um poder-dever). Tal característica tem caráter relativo em função dos institutos da delegação e da avocação.

b) Inderrogabilidade: um agente (ou órgão público) não pode transferir a outro, por acordo ou por assentimento das partes da Administração envolvidas, atribuições típicas que são de sua exclusiva competência. Não se transfere a outro órgão por acordo entre as partes; fixada por lei deve ser rigidamente observada.

c) Improrrogabilidade: o agente só pode praticar os atos para os quais a lei lhe conferiu competência, ressalvadas as hipóteses de delegação e avocação. A competência não se transmuda, ou seja, um órgão que não é competente, não poderá vir a sê-lo superveniente.

d) Imprescritibilidade: As competências devem ser exercidas a qualquer tempo, salvo, é claro, nos casos em que a lei estabelece prazos para a Administração.

QUESTÃO CERTA: Assinale a alternativa que apresenta duas características da competência do ato administrativo: Inderrogabilidade e improrrogabilidade.

Verdade. A competência não poderá ser transmitida de um agente para outro por acordo (Inderrogabilidade) e pertence a quem a lei lhe conferiu (Improrrogabilidade).

QUESTÃO CERTA: A competência é, em regra, inderrogável e improrrogável.

A competência é inderrogável (intransferível), pois não pode ser transmitida por mero acordo entre as partes; também é improrrogável, pois não pode ser assumida por agente incompetente sem a autorização de norma expressa.

QUESTÃO CERTA: A competência é intransferível e irrenunciável mas pode, por previsão legal, ser objeto de delegação ou avocação.

QUESTÃO CERTA: A competência administrativa, sendo requisito de ordem pública, é intransferível e improrrogável pela vontade dos interessados. Pode, entretanto, ser delegada e avocada, desde que permitam as normas reguladoras da Administração.

QUESTÃO CERTA: A competência resulta da lei e por ela é delimitada, muito embora a outorga de competência expressa a determinado agente importe deferimento a este último de poderes implícitos a ele dos meios necessários à realização dos fins previstos pela norma, sem que caracterize abuso de poder.

QUESTÃO CERTA: A competência para revogar é intransferível, salvo por força de lei. 

Sim, uma das características da competência é que ela é intransferível (aspecto denominado Inderrogabilidade). Mas que tipo de competência? Competência para quê? Qualquer competência.

QUESTÃO ERRADA: Caso um analista administrativo pratique ato cuja competência técnica incumba a seu superior hierárquico, tal ato será nulo em razão da incompetência do agente.


Apenas se o ato que o cara praticou era um ato de competência exclusiva do seu chefe – aí o ato será nulo mesmo. Se era um ato de competência privativa, o ato não será considerado ilegal. Logo, não cabe generalizar apenas citando “porque era de competência do outro, o ato é nulo”.

QUESTÃO ERRADA: Quando um ministério pratica ato administrativo de competência de outro, fica configurado vício de incompetência em razão da matéria, que pode ser convalidado por meio da ratificação.

ERRADO, a INCOMPETÊNCIA EM RAZÃO DO SUJEITO (ato praticado por sujeito incompetente) pode ser convalidada pela autoridade competente, por meio da ratificação. No entanto, a INCOMPETÊNCIA EM RAZÃO DA MATÉRIA não admite convalidação, pois é competência exclusiva. É o caso da anulação.

CEBRASPE (2022):

QUESTÃO CERTA: Maria, servidora pública de determinada autarquia estadual, aplicou advertência a Caio, seu subordinado, por este ter praticado ato que não era de sua atribuição legal. Inconformado com a punição, Caio impetrou mandado de segurança visando anular a pena administrativa aplicada. Considerando que Caio realmente tenha atuado fora dos limites de sua competência legal, é correto afirmar que o ato administrativo por ele praticado apresentou vício de competência.


  1. Today, considering the fast life style that everyone is having, credit cards have a huge demand throughout the market. Persons coming from every area of life are using credit card and people who are not using the card have lined up to apply for one. Thanks for revealing your ideas in credit cards.

  2. Wow! I’m in awe of the author’s writing skills and ability to convey complex concepts in a concise and precise manner. This article is a real treasure that earns all the accolades it can get. Thank you so much, author, for providing your knowledge and giving us with such a precious asset. I’m truly appreciative!

  3. In accordance with my observation, after a foreclosed home is available at an auction, it is common for any borrower to be able to still have the remaining unpaid debt on the mortgage. There are many loan providers who make an effort to have all costs and liens cleared by the next buyer. On the other hand, depending on particular programs, laws, and state guidelines there may be some loans that aren’t easily solved through the exchange of financial loans. Therefore, the responsibility still rests on the lender that has acquired his or her property in foreclosure process. Thank you sharing your thinking on this web site.

  4. I do believe all the concepts you have offered in your post. They are very convincing and can certainly work. Still, the posts are very brief for starters. Could you please extend them a bit from subsequent time? Thanks for the post.

  5. Today, taking into consideration the fast way of life that everyone leads, credit cards have a big demand in the economy. Persons throughout every arena are using the credit card and people who are not using the card have prepared to apply for just one. Thanks for giving your ideas on credit cards.

  6. I?m impressed, I have to say. Really not often do I encounter a weblog that?s each educative and entertaining, and let me tell you, you have hit the nail on the head. Your concept is excellent; the problem is one thing that not enough individuals are speaking intelligently about. I am very completely happy that I stumbled across this in my search for something regarding this.

  7. Greetings! This is my first comment here so I just wanted to give a quick shout out and say I truly enjoy reading through your articles. Can you suggest any other blogs/websites/forums that go over the same subjects? Thanks a ton!

  8. Fascinating blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog shine. Please let me know where you got your theme. With thanks

  9. Hi! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be great if you could point me in the direction of a good platform.

  10. Thanks for the tips about credit repair on all of this site. The things i would tell people will be to give up the particular mentality they can buy at this moment and shell out later. As a society we all tend to repeat this for many things. This includes trips, furniture, in addition to items we’d like. However, you should separate the wants from all the needs. While you are working to fix your credit score actually you need some sacrifices. For example you are able to shop online to save cash or you can visit second hand suppliers instead of costly department stores with regard to clothing.

  11. What I have seen in terms of laptop or computer memory is always that there are specifications such as SDRAM, DDR and so on, that must match up the technical specs of the mother board. If the personal computer’s motherboard is fairly current and there are no computer OS issues, changing the memory space literally takes under sixty minutes. It’s on the list of easiest laptop upgrade techniques one can envision. Thanks for sharing your ideas.

  12. You actually make it seem so easy with your presentation but I find this matter to be actually something that I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I?ll try to get the hang of it!

  13. I feel this is among the such a lot significant information for me. And i am satisfied reading your article. However want to observation on some normal issues, The website style is wonderful, the articles is truly nice : D. Good job, cheers

  14. Thanks for the helpful posting. It is also my belief that mesothelioma has an incredibly long latency period, which means that signs and symptoms of the disease might not emerge right until 30 to 50 years after the initial exposure to asbestos. Pleural mesothelioma, that is the most common style and has an effect on the area throughout the lungs, might cause shortness of breath, breasts pains, and also a persistent cough, which may bring about coughing up body.

  15. Good article. It is very unfortunate that over the last several years, the travel industry has already been able to to fight terrorism, SARS, tsunamis, bird flu virus, swine flu, plus the first ever real global recession. Through all this the industry has really proven to be robust, resilient as well as dynamic, discovering new solutions to deal with misfortune. There are always fresh complications and the opportunity to which the marketplace must once again adapt and reply.

  16. Thanks for the points you have contributed here. Something else I would like to talk about is that laptop memory demands generally increase along with other advances in the technological innovation. For instance, when new generations of processor chips are introduced to the market, there is certainly usually a corresponding increase in the dimensions demands of all computer memory as well as hard drive space. This is because the program operated simply by these processors will inevitably rise in power to use the new know-how.

  17. Thanks for your blog post. A few things i would like to add is that laptop or computer memory must be purchased if the computer still cannot cope with that which you do by using it. One can install two random access memory boards with 1GB each, for instance, but not one of 1GB and one of 2GB. One should always check the manufacturer’s documentation for one’s PC to make certain what type of memory is essential.

  18. One other important part is that if you are a senior citizen, travel insurance pertaining to pensioners is something you should make sure you really think about. The older you are, the greater at risk you will be for permitting something awful happen to you while overseas. If you are not really covered by a number of comprehensive insurance plan, you could have a number of serious complications. Thanks for sharing your ideas on this blog site.

  19. Hey there! I could have sworn I’ve been to this blog before but after reading through some of the post I realized it’s new to me. Anyways, I’m definitely happy I found it and I’ll be book-marking and checking back frequently!

  20. I’m curious to find out what blog system you’re utilizing? I’m having some minor security issues with my latest website and I’d like to find something more safeguarded. Do you have any recommendations?

  21. Furthermore, i believe that mesothelioma cancer is a uncommon form of cancers that is usually found in people previously familiar with asbestos. Cancerous cells form inside mesothelium, which is a protective lining that covers most of the body’s internal organs. These cells usually form inside lining of your lungs, belly, or the sac which actually encircles the heart. Thanks for sharing your ideas.

  22. One more thing. I think that there are quite a few travel insurance websites of respected companies that allow you enter your journey details and find you the prices. You can also purchase your international travel cover policy online by using the credit card. Everything you need to do is to enter your current travel details and you can see the plans side-by-side. You only need to find the plan that suits your capacity to pay and needs and then use your bank credit card to buy the idea. Travel insurance on the web is a good way to do investigation for a reliable company pertaining to international travel cover. Thanks for expressing your ideas.

  23. hi!,I really like your writing so a lot! proportion we keep up a correspondence extra approximately your post on AOL? I need an expert on this area to solve my problem. May be that is you! Having a look ahead to peer you.

  24. Woah! I’m really loving the template/theme of this site. It’s simple, yet effective. A lot of times it’s hard to get that “perfect balance” between usability and visual appearance. I must say you have done a great job with this. Also, the blog loads extremely quick for me on Safari. Exceptional Blog!

  25. Good post made here. One thing I would like to say is that often most professional areas consider the Bachelor’s Degree as the entry level requirement for an online certification. Although Associate Certification are a great way to get started on, completing ones Bachelors reveals many entrance doors to various employment opportunities, there are numerous online Bachelor Diploma Programs available coming from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions offer you Online versions of their certifications but commonly for a considerably higher fee than the institutions that specialize in online education plans.

  26. I think this is one of the such a lot significant information for me. And i am satisfied reading your article. But should commentary on few basic issues, The website taste is ideal, the articles is in reality nice : D. Good process, cheers

  27. Kelvin Kaemingk has over two decades of helping people make smarter decisions regarding their mortgage and money decisions. He began his career in financial planning and migrated into the mortgage space in 2002. He is passionate and committed to helping people throughout their lives, make the best financial decisions for themselves and their families. As a father of three, and now Papa K (grandpa) to one, a team builder and recruiter, Kelvin thrives on helping others realize their potential, often referenced as “Everyone’s biggest fan”. Kelvin Kaemingk is the Area Manager for loanDepot and Co-Host of the Real Estate Chalk Talk radio program based in the Minneapolis – St. Paul area. Kelvin Kaemingk, NMLS 251124 | Branch NMLS 1139048

  28. hello!,I love your writing so much! proportion we be in contact extra approximately your article on AOL? I require an expert in this space to solve my problem. Maybe that is you! Taking a look ahead to look you.

  29. Thanks for sharing your ideas listed here. The other issue is that every time a problem arises with a pc motherboard, persons should not take the risk regarding repairing this themselves for if it is not done right it can lead to irreparable damage to the whole laptop. It will always be safe just to approach a dealer of a laptop for any repair of the motherboard. They’ve got technicians who definitely have an expertise in dealing with notebook motherboard troubles and can get the right diagnosis and perform repairs.

  30. I feel that is among the so much vital info for me. And i’m satisfied reading your article. However wanna commentary on some basic things, The website style is great, the articles is truly excellent : D. Just right task, cheers

  31. Good post. I study one thing tougher on totally different blogs everyday. It will at all times be stimulating to learn content from other writers and apply a little bit one thing from their store. I?d favor to make use of some with the content material on my blog whether you don?t mind. Natually I?ll provide you with a hyperlink in your web blog. Thanks for sharing.

  32. Almanya’nın en iyi medyumu halu hoca ile sizlerde çalışınız. İletişim: +49 157 59456087 Aşık Etme Büyüsü, Bağlama Büyüsü gibi çalışmaları sizlerde yaptırabilirsiniz.

  33. I have noticed that in unwanted cameras, special sensors help to {focus|concentrate|maintain focus|target|a**** automatically. Those kind of sensors regarding some cams change in contrast, while others utilize a beam of infra-red (IR) light, particularly in low lumination. Higher standards cameras sometimes use a mix of both systems and likely have Face Priority AF where the video camera can ‘See’ a new face while focusing only upon that. Thanks for sharing your opinions on this website.

  34. I’ve learned quite a few important things through your post. I would also like to mention that there may be situation in which you will make application for a loan and don’t need a cosigner such as a Fed Student Aid Loan. But when you are getting credit through a standard creditor then you need to be willing to have a cosigner ready to enable you to. The lenders are going to base any decision on a few aspects but the greatest will be your credit score. There are some creditors that will as well look at your work history and determine based on this but in many instances it will depend on your credit score.

  35. Thanks for the strategies you reveal through your blog. In addition, numerous young women exactly who become pregnant don’t even make an effort to get health care insurance because they worry they wouldn’t qualify. Although a few states currently require that insurers give coverage regardless of pre-existing conditions. Prices on most of these guaranteed plans are usually larger, but when thinking about the high cost of health care bills it may be your safer route to take to protect the financial potential.

  36. I’m in awe of the author’s talent to make complicated concepts approachable to readers of all backgrounds. This article is a testament to her expertise and dedication to providing valuable insights. Thank you, author, for creating such an compelling and illuminating piece. It has been an incredible joy to read!

  37. Köln’de Gerçek bir sonuç veren en iyi medyumu halu hoca ile sizlerde çalışınız. İletişim: +49 157 59456087 Aşık Etme Büyüsü, Bağlama Büyüsü gibi çalışmaları sizlerde yaptırabilirsiniz.

  38. I’m impressed by the quality of this content! The author has clearly put a great amount of effort into exploring and structuring the information. It’s inspiring to come across an article that not only provides valuable information but also keeps the readers hooked from start to finish. Hats off to him for creating such a remarkable piece!

  39. Almanya berlinde Güven veren Gerçek bir sonuç veren en iyi medyumu halu hoca ile sizlerde çalışınız. İletişim: +49 157 59456087 Aşık Etme Büyüsü, Bağlama Büyüsü gibi çalışmaları sizlerde yaptırabilirsiniz.

  40. Almanya hmaburg Güven veren Gerçek bir sonuç veren en iyi medyumu halu hoca ile sizlerde çalışınız. İletişim: +49 157 59456087 Aşık Etme Büyüsü, Bağlama Büyüsü gibi çalışmaları sizlerde yaptırabilirsiniz.

  41. Güvenilir en iyi Gerçek bir sonuç veren en iyi medyumu halu hoca ile sizlerde çalışınız. İletişim: +49 157 59456087 Aşık Etme Büyüsü, Bağlama Büyüsü gibi çalışmaları sizlerde yaptırabilirsiniz.

  42. A powerful share, I just given this onto a colleague who was doing a bit of analysis on this. And he actually bought me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to debate this, I really feel strongly about it and love studying extra on this topic. If potential, as you grow to be experience, would you mind updating your weblog with extra particulars? It is extremely helpful for me. Huge thumb up for this weblog submit!

  43. I have to thank you for the efforts you’ve put in writing this blog. I really hope to view the same high-grade content by you later on as well. In fact, your creative writing abilities has motivated me to get my own, personal blog now 😉

  44. Interesting blog post. Things i would like to make contributions about is that personal computer memory ought to be purchased if your computer is unable to cope with whatever you do along with it. One can install two random access memory boards with 1GB each, as an example, but not one of 1GB and one having 2GB. One should make sure the manufacturer’s documentation for own PC to ensure what type of memory is needed.

  45. Hey There. I discovered your weblog the usage of msn. That is a very neatly written article. I?ll be sure to bookmark it and come back to read more of your useful information. Thanks for the post. I?ll definitely return.

  46. Have you ever considered about adding a little bit more than just your articles? I mean, what you say is fundamental and everything. However think about if you added some great images or videos to give your posts more, “pop”! Your content is excellent but with pics and clips, this blog could certainly be one of the very best in its niche. Amazing blog!

  47. One more thing. In my opinion that there are a lot of travel insurance web pages of dependable companies that permit you to enter your trip details and acquire you the quotes. You can also purchase the particular international travel cover policy on-line by using your credit card. All you should do is to enter your travel particulars and you can view the plans side-by-side. You only need to find the system that suits your capacity to pay and needs and then use your credit card to buy them. Travel insurance on the internet is a good way to take a look for a reliable company pertaining to international travel insurance. Thanks for giving your ideas.

  48. Thanks for your marvelous posting! I actually enjoyed reading it, you can be a great author.I will make certain to bookmark your blog and will come back later in life.I want to encourage continue your great work, have a nice day!

  49. I have been browsing online more than three hours lately, but I never found any attention-grabbing article like yours. It is pretty worth sufficient for me. In my opinion, if all website owners and bloggers made good content as you did, the internet shall be a lot more helpful than ever before.

  50. Thanks for your publication. I also feel that laptop computers have become more and more popular currently, and now will often be the only sort of computer utilised in a household. The reason is that at the same time they are becoming more and more cost-effective, their computing power is growing to the point where they may be as highly effective as desktop coming from just a few years back.

  51. I?m no longer positive where you’re getting your info, however great topic. I needs to spend some time studying much more or understanding more. Thanks for great information I used to be in search of this information for my mission.

  52. Howdy! This post couldn’t be written any better! Looking at this post remindsme of my previous roommate! He constantlykept talking about this. I’ll send this information to him.Pretty sure he will have a very good read. Thanks for sharing!

  53. I’m in awe of the author’s talent to make intricate concepts accessible to readers of all backgrounds. This article is a testament to her expertise and passion to providing helpful insights. Thank you, author, for creating such an compelling and illuminating piece. It has been an absolute pleasure to read!


Por favor digite seu comentário!
Por favor, digite seu nome aqui