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

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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.

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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.

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