O acto administrativo recorrível em contencioso administrativo no ordenamento jurídico moçambicano

Abstract

This TFC discusses the appealable administrative act in administrative litigation under the Mozambican legal system. It is well known that, prior to the issuance of Ruling No. 1, the Court of Appeals (TFC) considered the legally harmful effect on the legal sphere of those subjects to administrative proceedings. Indeed, the introduction of this criterion addressed, on the one hand, the problem of depriving those subjects to administrative proceedings of their right of access to the courts and, on the other, the obstruction of the exercise of jurisdiction by administrative courts in the hearing of contentious appeals. However, the criterion of illegality and harmfulness, while pragmatic 2 for complex administrative procedures, faces significant obstacles in less complex administrative procedures, especially those in which administrative acts are issued by officials or subordinate agents. It does not allow, based on the procedural process, to determine whether an act is illegal and harmful to the rights and guarantees of the administrative subjects. Consequently, the impossibility of determining whether the act is centrally illegal and harmful hinders the possibility of appeal. Therefore, the uncertainty and need to conclude the administrative act subject to contentious review arise in less complex administrative procedures.