O silêncio administrativo: efeitos decorrentes da inércia da administração

Abstract

This work has the Administrative Silence as its focus theme, intending to research specifically the resulting effects of the Public Administration inertia (omission) towards the demands of the administered ones. There will be treated the related concepts of the Administrative Silence theme, its juridical nature, its positive and negative silence effects, and lastly, it will be analyzed the administrative and judiciary control. In this sense, working with the reference that the Administrative Silence does not sets itself as a tacit administrative act, it is flagrantly the administrative abnormality and the resulting gaps of this inertia must be strongly opposed. The Neutral Silence denomination is adopted for the cases when there is no legal prediction for the silence effects, and, when there is no legal prediction, it is possible to set up the positive silence (very positive silence, conditioned positive silence or implicit positive silence) or negative silence (very negative silence, conditioned negative silence or implicit negative silence). It is possible, in this universe, to verify the administrative and judicial control of the Administrative Silence effects as mitigating tools from this normality brake, this power abuse. However, it is perceived that relevant challenges are set to the Public Administration in Brazil in your mission to keep and respect the fundamental rights, being the Administrative Silence mitigation one of the most intriguing and important tools to contribute with the secure of the Democratic State of Law