Acordo sobre o conteúdo do ato administrativo

Abstract

This work analyzes agreements regarding the content of administrative acts within the context of the transformation of state action, based on the need for a dogmatic reconstruction of Administrative Law. The object of investigation focuses on the administrative act, originally shaped in the Liberal State as an instrument for the authoritarian exercise of administrative powers, and whether this instrument aligns with the model of a Democratic and Social Rule of Law State, particularly with the notion of a Cooperative State. The general objective is to assess the compatibility of agreements concerning the content of administrative acts with the relational perspective that guides contemporary administrative action, as well as to examine their dogmatic construction in Brazil and in foreign legal systems, and to define their legal nature and binding effects on Public Administration. The research is developed within a legal-dogmatic framework, employing predominantly hypothetical-deductive reasoning, and is characterized as a theoretical study of a comprehensive legal nature. Initially, a historical and conceptual reconstruction of the administrative act is undertaken, from its formation in the French administrative litigation system, through the contributions of Duguit, Hauriou, and Otto Mayer, to its consolidation in the Liberal State and its reconfiguration in the Democratic and Social Rule of Law State. Subsequently, the evolution of this institute in Brazil is analyzed, including the proceduralization of administrative activity and the incorporation of participation as a legitimizing element of administrative decision-making. In examining agreements regarding the content of administrative acts, the possibility of intertwining imperativity and consensuality through endoprocedural concertation is identified. It is observed that the Brazilian legal system allows for the conclusion of integrative commitments and that such instruments do not remove the nature of the administrative act, but rather reconfigure its formative process. The conclusion is that the administrative act aligns with the cooperative model, provided it is understood as the result of a dialogical construction and guided by legality, democracy, and sociality, thereby contributing to the strengthening of decision-making legitimacy and to closer relations between Public Administration and citizens.