Abrangência nacional da Lei nº 9.784/1999: análise da aplicação da Lei Federal de Processo Administrativo aos entes subnacionais

Abstract

The law “Lei nº 9.784/1999” establishes on the 1st article that it institutes basic rules for administrative process/procedure in the scope of the Administration of the Brazilian Union. In this sense, it is a “federative law”, a type of law which doesn’t apply for states, federal district or municipalities. As so, the administrative autonomy of the other federal entities allows them to establish their own laws of adminsitrative process and procedures. Nonetheless, because this federative law is inspired on and expresses constitutional principles, it is imperative to discuss the possibilities of it being applied to the other federative entities, in what Brazilian law literature calls “national law”, not “federal”. This is the objective of this article. Its findings were that some scholars believe that is possible to apply the rules of Lei nº 9.784/1999 in a subsidiary manner, in other words, when the other federal entities don’t have their own rules of adminstrative process/procedure. That said, by studying the constitutional federal distribution of subjects that each entitity can legislate, this article concludes that the Union is the sole entitity that can legislate about process in general, so its rules should apply to all federal entities, because they cannot publish their own laws about the matter.