A retroatividade na instituição do ato administrativo

Abstract

The article explores the retroactivity in the institution of the administrative act, a topic that is still little debated by Brazilian doctrine. The studies dealing with administrative retroactivity date back to the pre-1988 period, and it is necessary to update the theoretical and dogmatic constructions about it. Firstly, studies on retroactivity in Brazilian law are analyzed in order to finally carry out a detailed analysis of retroactive administrative acts, investigating them from the perspective of some specific types of administrative acts. In the end, it is found that the retroactivity of an administrative act depends on respect for legal certainty, constitutional rules and the principles of the administrative legal regime, the duty to motivate and, in the case of regulatory rules, the provision in the law in the strict sense.