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.
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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