O Que É o Princípio da Impessoalidade?

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Última Atualização 9 de fevereiro de 2022

O princípio da IMPESSOALIDADE representa:

1) A busca pela FINALIDADE pública; (Sentido amplo: ato deve ser praticado visando à satisfação do interesse público; Sentido estrito: ato administrativo deve satisfazer a finalidade específica prevista em lei.)

2) O Tratamento isonômico/ igualitário aos administrados; 

3) A Vedação de promoção pessoal

4) A Necessidade de declarar o impedimento ou suspeição de autoridade que não possua condições de julgar de forma igualitária. 

CEBRASPE (2013):

QUESTÃO CERTA: Para o direito administrativo brasileiro, o princípio da impessoalidade é visto como determinante da finalidade de toda atuação administrativa e como vedação a que o agente público se valha da sua atividade para promoção pessoal.

O princípio da impessoalidade tem como base Princípio da finalidade e da isonomia.

Finalidade: interesse público

Vedação pessoal: veda-se que a adm. pública seja utilizada como instrumento para promoção pessoal. (art. p. 1°, CF)

QUESTÃO CERTA: Segundo Hely Lopes Meirelles, o princípio da impessoalidade, referido na CF/1988 (Art. 37, caput), nada mais é que o clássico princípio da finalidade, o qual impõe ao administrador público que só pratique o ato para atingir o objetivo indicado expressa ou virtualmente pela norma de direito, de forma impessoal. 

QUESTÃO CERTA: Assinale a opção que explicita o princípio da administração pública na situação em que um administrador público pratica ato administrativo com finalidade pública, de modo que tal finalidade é unicamente aquela que a norma de direito indica como objetivo do ato: impessoalidade.

QUESTÃO CERTA: O princípio da impessoalidade, ou princípio da finalidade, é assim denominado porque, por esse princípio, o administrador público tem como objetivo o interesse público, de sorte que todo ato que tiver caminho diverso está suscetível a invalidação por desvio de finalidade.

QUESTÃO CERTA: Os concursos públicos têm recebido a atenção de diversos profissionais nos últimos anos no Brasil. Algumas pessoas que são tímidas, mas competentes, por exemplo, têm optado pelos concursos públicos, pois o sistema de seleção adotado pela Administração Pública é regido pelo princípio da: impessoalidade.

QUESTÃO CERTA: Em decorrência do princípio da impessoalidade, previsto expressamente na Constituição Federal, a administração pública deve agir sem discriminações, de modo a atender a todos os administrados e não a certos membros em detrimento de outros.

QUESTÃO ERRADA: O princípio da impessoalidade, que consagra a ideia de que o poder público deve dispensar tratamento isonômico e impessoal aos particulares, deve ser entendido de forma absoluta, já que não comporta exceções ou tratamentos diferenciados pela administração.

EX: Prioridade de atendimento aos idosos, deficientes, gestantes e lactantes. De uma certa forma, há aí um atendimento pessoal diferenciado, mas a lei permite para assim colocar em prática o equilíbrio da igualdade material.

QUESTÃO CERTA: Os atos administrativos são imputáveis ao órgão em nome do qual age o agente público, por força do princípio constitucional da: impessoalidade.

QUESTÃO CERTA: Qual é o princípio fundamental da administração pública que determina de forma direta que a atividade administrativa seja destinada a todos os administrados, dirigidas aos cidadãos em geral, sem determinação de pessoa ou discriminação de qualquer natureza? A impessoalidade.

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O princípio da impessoalidade, referido na Constituição de 1988 (art. 37, caput), nada mais é que o clássico princípio da finalidade, o qual impõe ao administrador público que só pratique o ato para o seu fim legal”. E o fim legal é unicamente aquele que a norma de direito indica expressa ou virtualmente como objetivo do ato, de forma impessoal.

QUESTÃO CERTA: Está correta a correlação entre uma atribuição ou dever da Administração pública e um princípio que rege o exercício de suas funções em: a obrigatoriedade de submissão a concurso público para contratação de servidores, assim como a exigência constitucional de licitação pelos Administração direta e indireta, ressalvadas exceções legais, guardam pertinência com os princípios da igualdade e da impessoalidade.

QUESTÃO CERTA: O tribunal de contas de um estado, ao analisar as contas de determinado prefeito, verificou que houve gasto de recursos públicos com a elaboração de cartilhas escolares com nomes, símbolos e imagens que caracterizavam a promoção pessoal de autoridades públicas do município. Nessa situação, a conduta do prefeito afrontou especialmente o princípio da: impessoalidade.

QUESTÃO CERTA: Os institutos do impedimento e da suspeição no âmbito do direito administrativo são importantes corolários do princípio da impessoalidade.

FGV (2021):

QUESTÃO CERTA: Após a convocação dos aprovados no concurso público da Prefeitura de Paulínia, é realizado um curso de formação para preparar os novos servidores no qual são apresentados os princípios constitucionais que norteiam a Administração Pública e o administrador público (Artigo 37 da Constituição Federal). Assinale a opção que apresenta um dos princípios que norteiam a Administração Pública: Impessoalidade.

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