O Que São Agentes Políticos? (Com Exemplos)

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A conceituação do que vem a ser agentes políticos, bem assim a abrangência de tal expressão, constitui tema que suscita divergências doutrinárias severas. É possível, contudo, resumir o assunto em duas correntes principais.

A primeira, capitaneada por Hely Lopes Meirelles, adota um conceito amplo, no qual se encontrariam os Chefes do Executivo, seus respectivos auxiliares imediatos (Ministros de Estado e Secretários estaduais e municipais), os parlamentares em geral, bem assim, e é aqui que repousa a divergência, os membros do Poder Judiciário e do Ministério Público.

Já a segunda corrente sustenta a adoção de um conceito mais restritivo de agentes políticos. Nele não se incluiriam os membros do Poder Judiciário e do Ministério Público. É a posição sustentada por Celso Antônio Bandeira de Mello, Maria Sylvia Di Pietro, José dos Santos Carvalho Filho, Diógenes Gasparini e Rafael Carvalho Rezende Oliveira, dentre outros. Claramente, esta é a postura doutrinária prevalente.

QUESTÃO CERTA: Os agentes políticos representam uma categoria de agentes públicos.

QUESTÃO ERRADA: Os membros dos tribunais de contas estaduais são considerados agentes políticos.

Errado. Para CESPE (junto com STF), membros dos tribunais de contas não são agentes políticos.

O agente político é aquele detentor de cargo eletivo, eleito por mandatos transitórios, como os Chefes de Poder Executivo e membros do Poder Legislativo, além de cargos de Ministros de Estado e de Secretários nas Unidades da Federação, os quais não se sujeitam ao processo administrativo disciplina.

QUESTÃO ERRADA: O advogado-geral da União e o defensor público-geral da União são classificados como agentes políticos, pois sua atuação possui fundamento constitucional.

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A corrente majoritária adotada em nosso ordenamento jurídico entende que o Advogado-Geral da União e o Defensor Público-Geral da União não são agentes políticos, ainda que boa parte de suas atribuições encontre previsão no texto da Constituição Federal. Tais cargos estariam classificados, de acordo com essa doutrina, como agentes administrativos.

QUESTÃO CERTA: Os membros da magistratura são agentes políticos que possuem com o Estado vínculo de natureza estatutária.

Utilizou o entendimento de Hely Lopes Meirelles quanto a magistrados e a membros do MP como agentes políticos. Interessante que usou um entendimento minoritário sem excepcionar, em outras oportunidades, o enunciado da alternativa “a” seria considerado incorreto!

QUESTÃO ERRADA: Os mesários eleitorais são considerados agentes políticos.

Hely Lopes Meirelles (2006, p. 76) define os agentes políticos como “as autoridades componentes do governo em seus primeiros escalões, investidos em cargos, funções, mandatos ou comissões, seja por nomeação, eleição, designação ou delegação para o exercício de atribuições constitucionais”.

O mesário é considerado agente honorífico.

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