O deferimento tácito

: subsídios para uma reserva procedimental de administração

Abstract

Administrative silence has become a prominent feature of modern Comparative Administrative Law, with legal effects increasingly being attributed to administrative decisional inaction, particularly in favor of the claims of private applicants. While it may seem strange that administrative inertia should be conducive to the emergence of legal effects in the sphere of individuals, especially in light of a principle of expressed procedural administrative decision-making, it is no longer unknown that the legislator frequently uses the institute of tacit approval to overcome the drawbacks of administrative silence, betting on administrative simplification and debureaucratization to achieve social and economic objectives. The question that arises in this paper is whether a tacit approval rule can be included as a ground for extinguishing any and all administrative proceedings for the formation of an act, or whether, on the contrary, there are domains forbidden to the enshrinement of the figure, cases in which the principles and procedural norms cannot be derogated by the constitution of a tacit approval, requiring that the Administration unconditionally ponder and decide. It is these latter that constitute our Procedural Reserve of Administration.

Date of Award	12 Dec 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rui Medeiros (Supervisor)