O Que É Autoexecutoriedade? (Com Exemplos)

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Última Atualização 20 de janeiro de 2022

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 da CEBRASPE e FCC para que você compreenda melhor e consiga responder a pergunta feita no começo desse artigo. A maioria trata da definição de autoexecutoriedade.

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.

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.

QUESTÃO CERTA: Em decorrência da autoexecutoriedade, atributo dos atos administrativos, a administração pública pode, sem a necessidade de autorização judicial, interditar determinado estabelecimento comercial.

QUESTÃO CERTA: A propriedade da administração de, por meios próprios, pôr em execução suas decisões decorre do atributo denominado: autoexecutoriedade.

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.

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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)

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