O QUE É A AUTOEXECUTORIDADE? Você já deve ter visto essa palavra por aí. A autoexecutoriedade é uma característica, ou melhor, um atributo do ato administrativo. Tem a ver com o Poder Público. Se você não sabe o que é um ato administrativo, então busque em nosso portal para tomar ciência.
É a autoexecutoriedade que permite o Poder Executivo (na pessoa do Prefeito) não ficar só na teoria e burocracia / papelada, mas efetivar uma de suas decisões sem ter que pedir permissão ao Poder Judiciário.
Abaixo, trazemos uma série de questões do CEBRASPE e da FCC para que você compreenda melhor e consiga responder a pergunta feita no começo desse artigo. A maioria trata da definição de autoexecutoriedade.
FGV (2022):
QUESTÃO CERTA: Jorge praticou determinada infração de trânsito em rodovia federal, de maneira que, como não havia urgência a recomendar o imediato guincho do veículo, policiais rodoviários federais, observadas as formalidades legais, apenas lavraram o correlato auto de infração. Em seguida, a Administração Pública Federal promoveu o regular processo administrativo para imposição de multa em desfavor do administrado Jorge, inclusive com as necessárias notificações da autuação e da aplicação da pena decorrente da infração, atendidos o contraditório e a ampla defesa. Não obstante ter sido regularmente aplicada a citada multa, Jorge não a pagou, razão pela qual o caso foi encaminhado ao órgão responsável por promover sua cobrança, mediante ajuizamento de execução judicial. No caso em tela, a imposição da multa de trânsito a Jorge decorre do atributo ato administrativo da: exigibilidade, como meio indireto de coação ao administrado, mas a necessidade de sua execução judicial afasta a presença do atributo da autoexecutoridade.
CEBRASPE (2022):
QUESTÃO ERRADA: A executoriedade dos atos administrativos praticados no exercício do poder de polícia retira da administração o interesse de buscar provimento jurisdicional.
FCC (2016):
QUESTÃO CERTA: Dentre as características, elementos ou atributos capazes de identificar um ato administrativo, está presente a: autoexecutoriedade, que permite que a Administração pública faça cumprir suas decisões, inclusive por meio de adoção de atos materiais, independentemente de prévia determinação judicial.
CEBRASPE (2018):
QUESTÃO CERTA: Assinale a opção que apresenta o atributo pelo qual determinados atos administrativos podem ser executados direta e imediatamente pela própria administração pública, independentemente de intervenção do Poder Judiciário: autoexecutoriedade.
CEBRASPE (2012):
QUESTÃO CERTA: Em decorrência da autoexecutoriedade, atributo dos atos administrativos, a administração pública pode, sem a necessidade de autorização judicial, interditar determinado estabelecimento comercial.
CEBRASPE (2020):
QUESTÃO CERTA: A propriedade da administração de, por meios próprios, pôr em execução suas decisões decorre do atributo denominado: autoexecutoriedade.
CEBRASPE (2013):
QUESTÃO ERRADA: A demolição de obra que apresente risco iminente de desabamento e a cobrança de multa são exemplos de atos administrativos caracterizados pela autoexecutoriedade.
Aqui temos uma exceção: a multa.
A multa, pessoal, funciona por meio de uma sistemática diferente. A questão cita a demolição e está correto. Inclusive, uma padaria repleta de ratos fechada pelo Município é outro exemplo. Contudo, se um guardinha te multa, o prefeito não pode ir na sua casa pegar o seu computador como forma de quitar o débito que você detém junto à Prefeitura (por conta da multa). Então, fica a dica! A cobrança se dará perante o Poder Judiciário (até chegar à fase de execução – em que você poderá ter um bem leiloado, por exemplo). É por isso que dizemos que a multa é uma exceção à autoexecutoriedade.
CEBRASPE (2002):
QUESTÃO ERRADA: Pelo atributo da coercibilidade, o poder de polícia tem execução imediata, sem dependência de ordem judicial.
“A autoexecutoriedade permite que a Administração Pública realize a execução material dos atos administrativos ou de dispositivos legais, usando a força física se preciso for para desconstituir situação violadora da ordem jurídica. (…) Trata-se de uma verdadeira ‘autoexecutoriedade’ porque é realizada dispensando autorização judicial.”
FONTE: MAZZA, 2015.
CEBRASPE (2023):
QUESTÃO ERRADA: O atributo da exigibilidade dá à administração pública o poder de exigir cumprimento de um ato administrativo por parte do destinatário desse ato, além de permitir que a administração o execute de forma direta, independentemente de ordem judicial.
A palavra exigibilidade há de ser trocada por autoexecutoriedade no começo da frase.
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