O Que São Atos Constitutivos? (Com Exemplos)

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Classificações dos atos:

1- Liberdade ou Regramento: Discricionários ou vinculados

2- Objeto, prerrogativa ou posição jurídica: Império, gestão, expediente.

3- Destinatário: Gerais e individuais

4- Vontade: Unilateral e bilateral

5- Alcance: Externo e interno

6- Efeitos: Constitutivos e declaratórios

7- Formação de Vontade: simples, complexo, composto

8- Quanto aos resultados: Restritivos e ampliativos

Atos constitutivos são aqueles que criam uma situação jurídica individual para o destinatário. Exemplos: a nomeação de servidor, a concessão de licença e aplicação de sanção disciplinar a servidor público.

QUESTÃO CERTA: Ao aplicar sanção disciplinar a servidor público, a administração pública pratica, quanto aos efeitos, ato administrativo constitutivo.

QUESTÃO CERTA: O ato que aplica determinada sanção a um servidor público configura exemplo de ato constitutivo, que se caracteriza por criar, modificar ou extinguir direitos.

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QUESTÃO CERTA: Ato constitutivo é aquele pelo qual a Administração cria, modifica ou extingue um direito ou uma situação do administrado.

QUESTÃO CERTA: Dentre os diversos tipos de atos administrativos, o ato constitutivo pode ser exemplificado como: a obtenção de uma licença sanitária para o preparo de comidas em um hotel.

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