Melhores Advogados de Administrativo Perto de Si

1. About Administrativo Law

Administrative law, or Direito Administrativo, governs how public authorities act and how individuals interact with government agencies. It provides the rules for public decision making, due process, and accountability. In practice it covers licensing, procurement, sanctions, appeals, and the management of public contracts.

In Brazil, administrative law is shaped by the Constitution and federal statutes that define procedures for administrative acts and their review. This includes how agencies issue licenses, impose penalties, and handle internal investigations. Understanding these rules helps residents protect their rights when dealing with public bodies.

Art. 37 of the Brazilian Constitution requires public administration to obey legality, impersonality, morality, publicity and efficiency.

Source: Constitution of Brazil - Article 37.

2. Why You May Need a Lawyer

• You received a formal administrative sanction from a public agency such as a penalty, suspension or fines. A lawyer can review the basis of the sanction, check for procedural errors, and help file appeals within the agency time limits.
• You are challenging a bidding process or a government contract termination where procurement rules and deadlines are strict. An attorney can assess bid irregularities, potential violations of Lei 9.784/1999 or Lei 14.133/2021, and prepare strategic arguments.
• You need to file an administrative appeal or request for reconsideration after a decision by a federal, state or municipal agency. Legal counsel can ensure proper channels are used and deadlines are met.
• You must obtain a license or permit with complex criteria such as environmental, urban planning or aviation approvals. An attorney can gather the necessary documents, present legal grounds, and respond to agency requests quickly.
• You suspect administrative misconduct or improper actions and want to report concerns or pursue internal or external accountability. A lawyer can advise on whistleblower protections and escalation paths.

3. Local Laws Overview

Lei 9.784/1999 governs the administrative process in the federal public administration. It sets deadlines, forms, and the review procedures for administrative acts and decisions. The law emphasizes due process and the right to be heard.

Effective dates: Lei 9.784/1999 was enacted on 29 January 1999 and continues to be a foundational text for federal administrative procedure. See official text at Planalto: Lei 9.784/1999.

Lei 8.112/1990 regulates the legal regime for civil servants of the Union, autarchies and foundations. It covers hiring, duties, rights, disciplinary measures and tenure. This law provides the governance framework for public employees involved in administrative processes.

Official source: Planalto: Lei 8.112/1990.

Lei 14.133/2021 is the new law on public procurement and contracts. It modernizes bidding rules and clarifies digital procedures, performance conditions, and contract management. It is being implemented across federal, state, and municipal levels with transitional guidance for agencies.

Official source: Planalto: Lei 14.133/2021.

Additional context: The federal Constitution, particularly Article 37, remains a baseline for administrative acts across jurisdictions. See Planalto for the Constitution text: Constitution of Brazil.

4. Frequently Asked Questions

What is administrative law and what does it cover?

Administrative law governs how public agencies act and interact with citizens. It covers due process, licensing, procurement, sanctions and appeals. It is framed by the Constitution and federal statutes such as Lei 9.784/1999.

How do I start an administrative appeal against a public agency?

Identify the correct appeal channel in the agency and gather all relevant documents. File within the deadline and request a written decision or response within a set timeframe.

How much does it cost to hire an administrative law attorney?

Fees vary by region and case complexity. Many lawyers offer an initial consultation, and you may pay a retainer plus hourly or fixed fees for specific tasks.

How long does an administrative process take in Brazil?

Timelines depend on the agency and the complexity of the matter. Some appeals resolve within weeks; others require months or a judicial review, extending the timeline significantly.

Do I need a lawyer for a licensing appeal with a public body?

Not always required, but a lawyer improves the chance of success and ensures deadlines, evidence, and arguments are properly handled. For complex licenses, representation is strongly advised.

What is the difference between a recurso administrativo and a judicial action?

A recurso administrativo is an internal appeal within the agency. A judicial action challenges the decision in court and follows different procedures and timelines.

Can I represent myself in administrative proceedings?

You can often represent yourself, but a lawyer helps with procedural rules and complex issues. Some agencies require legal representation for certain appeals.

How do I prepare evidence for an administrative appeal?

Collect documents, contracts, emails and witness statements. Organize them chronologically and link each item to the legal basis for your claim.

Where can I find deadlines and forms for administrative appeals?

Check the agency's official site and the federal Planalto portal for model forms and deadlines. Missing deadlines can forfeit your right to appeal.

When should I hire a lawyer for an administrative matter?

Consult a lawyer soon after receiving a decision or when deadlines loom. Early advice helps plan strategy, gather evidence and avoid procedural errors.

Is there a difference between federal and state administrative law?

Yes. Federal rules apply to federal agencies; each state or municipality may have its own procedures. Local rules can affect deadlines and forms you must use.

How much compensation can I seek for damages due to an administrative act?

Compensation depends on the harm and applicable statutes and case law. A lawyer can help quantify damages and pursue indemnification.

5. Additional Resources

• Constitutional basis and federal laws - Official texts and interpretations from Planalto. See Constitution of Brazil.
• Lei 9.784/1999 - Regulation of administrative processes in the federal administration. See Lei 9.784/1999.
• Lei 8.112/1990 - Regime juridico dos servidores publicos civis. See Lei 8.112/1990.

6. Next Steps

1. Clarify your objective - Define what outcome you want from an administrative proceeding or appeal. Write down the agency, decision, and deadlines.
2. Gather relevant documents - Collect decisions, notices, contracts, licenses and communications with the agency. Organize them by issue and date.
3. Identify the right jurisdiction and channel - Confirm which agency handles your matter and whether there is an internal appeal path or a court route.
4. Search for a specialized attorney - Look for a lawyer with demonstrated experience in administrative law and government procurement, with portolio of relevant cases.
5. Schedule a consultation - Bring all documents and questions. Ask about timelines, strategy, and potential costs upfront.
6. Engage and plan the case - Sign a retainer if appropriate. Develop a plan with milestones and a communication schedule to track deadlines.