O princípio da confiança legítima decorre diretamente da ideia de Estado de Direito e possui fundamental papel hermenêutico. Traz em si a necessidade de manutenção de atos administrativos, ainda que antijurídicos, desde que verificada a expectativa legítima, por parte do administrado, de estabilização dos efeitos decorrentes da conduta administrativa. Pode, ainda, ser concretizado pela via reparatória, de caráter pecuniário, após a invalidação dos atos administrativos que se perpetraram no tempo. Embora não se encontre positivado expressamente, pode ser deduzido dos princípios fundamentais do ordenamento jurídico pátrio. A prevalência do princípio da confiança, em casos pontuais, mesmo quando ponderado em relação ao princípio da legalidade, não significa o fim do Estado vinculado à lei.
QUESTÃO CERTA: A expectativa de que as outras pessoas ajam de um modo já esperado e de acordo com as regras estabelecidas pela sociedade é um princípio orientador da conduta humana, denominado princípio da: confiança.
O princípio da confiança refere-se à situação na qual uma pessoa age de acordo com as regras avençadas pela sociedade (para uma determinada atividade), e acredita que a outra também agirá conforme tais regras. Trata-se de um orientador da conduta humana, que visa a organizar os comportamentos sociais, de forma que um sujeito saiba o que esperar do outro. (GOMES, Luiz Flávio, 2011).
QUESTÃO CERTA: Determinado município, após celebrar com particulares contratos de promessa de venda e compra de glebas de sua propriedade, passou, sob a gestão do novo prefeito, a promover anulações contratuais porque os parcelamentos pactuados não estariam regularizados por não atenderem a requisitos legais. Nessa situação hipotética, para obstar a pretensão do município, será adequado que o particular prejudicado invoque, em seu favor, o princípio da: confiança legítima.
QUESTÃO CERTA: O princípio da proteção à confiança da administração pública corresponde ao aspecto subjetivo do princípio da segurança jurídica.
QUESTÃ CERTA: No âmbito da atuação pública, faz-se necessário que a administração pública mantenha os atos administrativos, ainda que estes sejam qualificados como antijurídicos, quando verificada a expectativa legítima, por parte do administrado, de estabilização dos efeitos decorrentes da conduta administrativa. A interrupção dessa expectativa violará o princípio da: confiança.
QUESTÃO CERTA: O princípio de confiança legitima (Proteção da Confiança) é o princípio que deriva da ideia de segurança jurídica e boa-fé objetivado administrado.
QUESTÃO CERTA: Em razão do princípio da proteção da confiança legítima, um ato administrativo eivado de ilegalidade poderá ser mantido, considerada a boa-fé do administrado, a legitimidade da expectativa induzida pelo comportamento estatal e a irreversibilidade da situação gerada.
QUESTÃO CERTA: O princípio da proteção à confiança legitima a possibilidade de manutenção de atos administrativos inválidos.
QUESTÃO CERTA: Em virtude dos princípios da proteção à confiança e da segurança jurídica, entende o STF que podem ser considerados válidos os atos praticados por agente público ilegalmente investido.
QUESTÃO ERRADA: No direito brasileiro, NÃO há previsão expressa dos princípios da segurança jurídica
O princípio da proteção à confiança ou princípio da confiança legítima, de fato, não possui previsão expressar. Mas o da segurança jurídica consta na lei 9784. Logo, errada.
QUESTÃO CERTA: Ao instituir novos critérios para a concessão de aposentadoria e pensões para os servidores públicos e dependentes de servidores públicos estaduais, o Governador do Estado Alfa estabeleceu regras de transição, abrangendo os servidores e pensionistas que ainda não haviam preenchido todos os requisitos legalmente estabelecidos para a concessão da aposentadoria e pensão.
Sobre o tema, aponte o princípio do Direito Administrativo que rege o estabelecimento das regras de transição na concessão da aposentadoria e pensão: Princípio da proteção à confiança.
QUESTÃO CERTA: Embora sem previsão expressa no ordenamento jurídico brasileiro, o princípio da confiança relaciona-se à crença do administrado de que os atos administrativos serão lícitos e, portanto, seus efeitos serão mantidos e respeitados pela própria administração pública.
QUESTÃO ERRADA: Sérgio foi reprovado em concurso público, mas, por força de decisão liminar obteve sua nomeação e tomou posse no cargo pretendido. Seis anos depois, a medida foi revogada por decisão judicial definitiva e Sérgio foi exonerado pela administração. Nessa situação, ao exonerar Sérgio a administração violou o princípio da proteção da confiança legítima.
Para decisão liminar (como candidato que toma posse subjudice) não existe confiança legítima, pois se é liminar é temporário. Caiu a liminar, caiu o candidato do cargo.
QUESTÃO CERTA: O princípio da proteção da confiança legítima NÃO autoriza a manutenção em cargo público de servidor público empossado por força de decisão judicial de caráter provisório posteriormente revista, ainda que decorridos mais de cinco anos da investidura no cargo.
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