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A utilização de medidas cautelares pelo tribunal de contas da união nos processos de controle externo
| Content Provider | Semantic Scholar |
|---|---|
| Author | Oliveira, Antônio André Da Silva |
| Copyright Year | 2015 |
| Abstract | This monograph investigates the possibility of the Federal Audit Court to adopt precautionary measures. The Brazilian public administration control systems are addressed first, then analyzes the characteristics and constitutional duties of the Federal Audit Court in the exercise of external control activity, mentions the guarantors tutelages provided for in the organic law and the bylaws of that Court and to bring the position of the Supreme Court on this matter. The external control processes have their own rules, applying them on a subsidiary basis the administrative procedural law and the Code of Civil Procedure. While there is no express prevision in the Constitution about the possibility of the Federal Audit Court to adopt precautionary measures to suspend the execution of acts or contested procedures, the Supreme Court considers that the Federal Audit Court may instead adopt such measures, based in the general power of precaution and in the theory of implicit powers originating in North American doctrine, whenever necessary to protect the treasury of possible risks that may occur due to the delay in the trial of external control processes, thus making the exercise of external control activity by the Court more effective. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.repositorio.uniceub.br/bitstream/235/7036/1/21032726.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
