The substitutive agreements of unilateral sanctioning activity in Public Administration contracts in Brazil

• Autor(a) principal: Daniel, Felipe Alexandre Santa Anna Mucci
• Data de Publicação: 2023
• Outros Autores: Fortini, Cristiana
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/94635
• topic: Direito administrativo sancionador; Contratos administrativos; Sanções administrativas; Acordos substitutivos; Sanctioning administrative law; Administrative contracts; Administrative sanctions; Substitute agreements

This article aims to analyze the hypotheses in which it is possible to replace a unilateral sanction resulting from contractual breaches by an administrative agreement, as well as the criteria to be observed when choosing between an agreement or a unilateral sanctioning act. To this end, an analysis will be made of the normative provisions that authorize the adoption of consensus in the Brazilian Public Administration and the cases in which it is possible to replace the unilateral administrative act with bilaterality. After defining these assumptions, the existence of authorization in Brazilian law for the replacement of unilateral sanctioning activity, within the scope of administrative contracts, by agreements will be analyzed. Then, the guiding criteria that must be used by the Administration to decide between entering into the agreement or applying the unilateral administrative sanction in the event of contractual administrative infractions will be assessed. In the end, the conclusion will assess the decision-making process by the Administration based on such guiding criteria.