O Que É Agente de Fato? (Putativo e Necessário)

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AGENTES DE FATO: são divididos em agentes putativos e agentes necessários

O que são os agentes putativos? São os que desempenham uma atividade pública na presunção de que há legitimidade, embora não tenha havido investidura dentro do procedimento legalmente exigido. É o caso, por exemplo, do servidor que pratica inúmeros atos de administração, tendo sido investido sem aprovação em concurso.

Por exemplo: Cabeção tem o sonho de ser Bombeiro, no entanto, de tanto estudar para o cargo e não ser aprovado acabou enlouquecendo, no entanto, certa manhã ele veste seu macacão de bombeiro comprado na feira dos 100 e pega um voo para Xanxerê, e lá exerce com maestria o serviço de bombeiro. Dessa forma, Cabeção pode ser considerado um agente putativo.

Mas os moradores que ajudaram no socorro? São o que afinal?

Eles são nomeados agentes necessários, pois são aqueles que praticam atos e executam atividades em situações excepcionais, como, por exemplo, as de emergência, como no caso de xanxerê, em colaboração com o poder Público e como se fossem agentes de direito.

QUESTÃO ERRADA: A doutrina, ao tratar dos AGENTES DE FATO, classifica-os em dois tipos: agentes necessários e agentes putativos; OS PUTATIVOS, cujos atos, em regra, são confirmados pelo poder público, colaboram, em situações excepcionais, com este, exercendo atividades como se fossem agentes de direito.

Negativo. Esses são os agentes necessários (cidadãos que ajudam bombeiros em soterramentos).

QUESTÃO CERTA: Pedro, após ter sido investido em cargo público de determinado órgão sem a necessária aprovação em concurso público, praticou inúmeros atos administrativos internos e externos.  Pedro é considerado agente putativo e, ainda que não tenha sido investido legalmente, deverá receber remuneração pelo serviço prestado no órgão público.

QUESTÃO CERTA: O Estado terá o dever de indenizar no caso de dano provocado a terceiro de boa-fé por agente público necessário.

QUESTÃO ERRADA: Considere que alguns moradores de determinada cidade tenham auxiliados os bombeiros a resgatar vítimas de um grave desabamento causado pelas fortes chuvas ocorridas no período do verão. Nessa situação, os referidos moradores são considerados agentes putativos.

Negativo. São agentes necessários.

QUESTÃO ERRADA: Os agentes putativos são aqueles que praticam e executam atos e atividades em situações de emergência e em colaboração com o poder público como se fossem agentes estatais.

ERRADO. Este são os agentes necessários.

QUESTÃO ERRADA: Considerando-se que, de acordo com a teoria do órgão, os atos praticados pelos agentes públicos são imputados à pessoa jurídica de direito público, é correto afirmar que os atos provenientes de um agente que não foi investido legitimamente no cargo, são considerados inexistentes, não gerando qualquer efeito.

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Negativo. São atos praticados por agentes putativos e permanecem válidos por conta do atributo da presunção de legitimidade do ato administrativo.

QUESTÃO ERRADA: Em razão do princípio da proteção da confiança, quando o dano for causado por funcionário público putativo, o Estado não responderá civilmente perante particulares de boa-fé.

QUESTÃO CERTA:  Pedro, após ter sido investido em cargo público de determinado órgão sem a necessária aprovação em concurso público, praticou inúmeros atos administrativos internos e externos. Atos administrativos externos praticados por Pedro em atendimento a terceiros de BOA-FÉ têm validade, devendo ser convalidados para evitar prejuízos.

Correto. Seus atos são considerados válidos tendo como base a teoria da aparência, na presunção de legitimidade dos atos administrativos e nos princípios da segurança jurídica, DA BOA-FÉ e da confiança legítima.

QUESTÃO ERRADA: agente putativo é aquele que, em estado de necessidade pública, assume o encargo de desempenhar certas funções públicas, que de outra forma não seriam executadas, agindo como um servidor regularmente provido.

Negativo. Esses são os agentes necessários.

QUESTÃO ERRADA: Os agentes putativos são aqueles que praticam e executam atos e atividades em situações de emergência e em colaboração com o poder público como se fossem agentes estatais.

Negativo. Esses são os agentes necessários.

QUESTÃO CERTA: O agente de fato tem direito à percepção de remuneração pelas funções que exerce no âmbito da administração, na presunção de que elas são legítimas, ainda que sua investidura no cargo não tenha obedecido ao procedimento legal exigido.

A questão trata dos agentes putativos que, mesmo não investindo no cargo por meio do procedimento legal exigido, fará jus à remuneração.

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  96. Thanks for expressing your ideas. I would also like to express that video games have been actually evolving. Modern technology and improvements have aided create genuine and interactive games. These types of entertainment games were not that sensible when the concept was first being used. Just like other forms of technology, video games also have had to advance by means of many years. This itself is testimony for the fast growth and development of video games.

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  98. Today, I went to the beachfront with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is entirely off topic but I had to tell someone!

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  100. Many thanks for your post. I’d like to comment that the cost of car insurance will vary from one insurance policy to another, mainly because there are so many different issues which give rise to the overall cost. Such as, the make and model of the vehicle will have a massive bearing on the purchase price. A reliable ancient family motor vehicle will have an inexpensive premium than just a flashy racecar.

  101. Throughout the great design of things you’ll receive an A+ for effort and hard work. Where exactly you misplaced everybody was in all the details. As it is said, details make or break the argument.. And it could not be much more accurate at this point. Having said that, let me reveal to you just what exactly did give good results. Your article (parts of it) is actually rather powerful and this is possibly why I am taking the effort to opine. I do not really make it a regular habit of doing that. Next, although I can easily see the jumps in reasoning you come up with, I am not necessarily convinced of just how you appear to unite your details which inturn help to make the actual conclusion. For now I shall subscribe to your point but trust in the foreseeable future you actually link your facts better.

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  103. I have observed that in the world these days, video games would be the latest craze with kids of all ages. Occasionally it may be difficult to drag your children away from the video games. If you want the very best of both worlds, there are various educational games for kids. Great post.

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  107. Greetings. The author’s name is Will Cifuentes. Minnesota is the place she loves virtually.
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  108. One thing I’d prefer to say is always that before obtaining more laptop or computer memory, consider the machine within which it would be installed. Should the machine is actually running Windows XP, for instance, a memory limit is 3.25GB. Adding a lot more than this would merely constitute just a waste. Make sure one’s motherboard can handle your upgrade amount, as well. Great blog post.

  109. I have seen plenty of useful points on your site about computers. However, I’ve got the thoughts and opinions that lap tops are still not nearly powerful sufficiently to be a good selection if you typically do projects that require a great deal of power, for instance video editing and enhancing. But for world-wide-web surfing, word processing, and the majority of other common computer work they are fine, provided you don’t mind the screen size. Thank you sharing your thinking.

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  113. Aw, this was a very nice post. In concept I would like to put in writing like this moreover ? taking time and actual effort to make an excellent article? but what can I say? I procrastinate alot and certainly not seem to get something done.

  114. Hi, I do believe this is an excellent site. I stumbledupon it 😉 I’m going to revisit yet again since I bookmarked it. Money and freedom is the best way to change, may you be rich and continue to guide other people.

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  121. Thanks for your publication. One other thing is always that individual American states have their unique laws which affect property owners, which makes it very, very hard for the the legislature to come up with a brand new set of recommendations concerning home foreclosure on house owners. The problem is that every state has got own laws and regulations which may work in an adverse manner in terms of foreclosure guidelines.

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