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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X

Abstract

FERNANDES, Débora Melo. The Administration civil liability for administrative acts affected by external illegalities and the potential negative relevance of the lawful alternative conduct. e-Pública [online]. 2016, vol.3, n.1, pp.124-145. ISSN 2183-184X.

This article concerns the theme of the civil liability of the Administration due to issuing administrative acts in breach of formal, procedural or organic rules. The analysis set forth herein is based on the finding that in almost every case in which the Supreme Administrative Court decided on the issue it concluded that the Administration should not be liable for the damages arising from such acts, on the grounds that the annulled act, once its external illegality has been removed, would be renewable, failing, however, to demand that the annulled act has been actually renewed or that it might be so. Through this article, the Author discusses if it is possible de iure condito to hold the Administration liable for damages arising from the issuance of administrative acts affected by external illegalities and to what extent that might be done, and seeks to identify the situations and conditions in which negative relevance may be attributed to a lawful alternative conduct of the Administration, substantiated in the hypothetical or actual renewal of the annulled act.

Keywords : civil liability of the Administration; administrative acts affected by external illegalities; negative relevance of the lawful alternative conduct; theory of standard protection; autonomous damage.

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