Post by nurnobisorker65 on Feb 11, 2024 3:54:03 GMT -5
Agents are taken into account, the fact is that this rule has not yet been declared unconstitutional by the Federal Supreme Court, which supports the presumption of constitutionality of article 28 of the LINDB. [8] In the lesson by Hely Lopes Meirelles,"Such a theory [of administrative risk], as the name suggests, is based on the risk that public activity generates for those administered and the possibility of causing harm to certain members of the community , imposing on them a burden not borne by others. To compensate for this individual inequality, created by the Administration itself, all other components of the community .
Must contribute to repairing the damage, through the treasury, represented by the Public Treasury. Risk and solidarity social are, therefore, the supports of this doctrine which, due to its objectivity and sharing of burdens, leads to the most perfect distributive justice, which is why it has been welcomed by modern States, including Brazil, which enshrined it for the first time in article 194 , of the Federal Belgium Email List Constitution of 1946". Brazilian Administrative Law. 28th ed. Malheiros Editores, 2003, p. 623-624. [9] The interpretation proposed here is in line with the "double guarantee theory" adopted by the Federal Supreme Court, when interpreting §6 of article 37 of the Federal Constitution, in the sense that the aforementioned provision would enshrine a double guarantee:" (…) one, in favor of the individual, enabling him to take .
compensation action against the legal entity governed by public law, or private law that provides a public service, given that the possibility of paying the damage objectively suffered is much greater, practically certain. guarantee, however, in favor of the state employee, who only responds administratively and civilly to the legal entity to whose functional framework he is linked" (RE 327904, CARLOS BRITTO, STF). [10] For more detailed information on the figure of the average administrator in TCU jurisprudence, we recommend the article"The application of gross error in TCU jurisprudence". Available 09/matheus-pereira-erro-grosseiro-jurisprudencia-tcu.
Must contribute to repairing the damage, through the treasury, represented by the Public Treasury. Risk and solidarity social are, therefore, the supports of this doctrine which, due to its objectivity and sharing of burdens, leads to the most perfect distributive justice, which is why it has been welcomed by modern States, including Brazil, which enshrined it for the first time in article 194 , of the Federal Belgium Email List Constitution of 1946". Brazilian Administrative Law. 28th ed. Malheiros Editores, 2003, p. 623-624. [9] The interpretation proposed here is in line with the "double guarantee theory" adopted by the Federal Supreme Court, when interpreting §6 of article 37 of the Federal Constitution, in the sense that the aforementioned provision would enshrine a double guarantee:" (…) one, in favor of the individual, enabling him to take .
compensation action against the legal entity governed by public law, or private law that provides a public service, given that the possibility of paying the damage objectively suffered is much greater, practically certain. guarantee, however, in favor of the state employee, who only responds administratively and civilly to the legal entity to whose functional framework he is linked" (RE 327904, CARLOS BRITTO, STF). [10] For more detailed information on the figure of the average administrator in TCU jurisprudence, we recommend the article"The application of gross error in TCU jurisprudence". Available 09/matheus-pereira-erro-grosseiro-jurisprudencia-tcu.