A suspensão da eficácia como meio de proteção contra o privilégio da execução prévia

Abstract

The present work has as its theme The suspension of effectiveness as a means of protection against the privilege of prior execution, where the privilege of execution allows the administration to carry out the immediate execution of the administrative act and by coercive means, regardless of the Judgment or jurisdictional decision. This is because according to art. 248, no. 1 of the Constitution of the Republic, Public Administration serves the public interest. But and according to the same art in fine in that principle, and in that action the Public Administration has to take into account some principles, rights and fundamental freedoms of citizens or individuals in this case. However, there are times when an administration within the scope of that prerogative executes its decisions without a previous consultation or study and violates the right of Individuals. This gives rise to the guarantees of Individuals. The individual has some guarantees imposed by law in order to deal with violations of this prior execution. For this purpose and according to art. its effective judicial protection “thus, effective judicial protection is born, which includes the right to obtain, within a reasonable period of time, a decision that assesses, with the force of res judicata, each claim regularly filed in court, as well as the possibility of executing and obtaining the necessary measures precautionary, anticipatory, or conservatory measures, since administrative acts are only justifiable a posteriori, even if illegal, individuals are obliged to bear their effects, during the duration of the process, until their annulment by the competent court. Hence comes the suspension of effectiveness of administrative acts. The suspension of effectiveness appears as an accessory procedural means, according to article 132 of Law no. 7/2014; this is granted by the competent jurisdiction when the requirements described in the paragraphs of the same article are cumulatively verified. Suspension of effectiveness is aimed at safeguarding the interests of individuals, vis-à- vis the public administration within its scope of the privilege of prior execution or enforceability of the act. In such a way, we analyze it from the point of view of the efficiency of this means from the doctrinal and jurisprudence point of view for the protection of the legal situation of the individual.