When we begin our studies in Administrative Law, it is important to keep in mind the composition of the Brazilian Public Administration.

This allows us to identify which legal regime will apply to each of the entities that make up the Public Administration.

I'll give you a simple example that might help!

The rules applicable to a local authority (for example, the INSS) differ from the rules applicable to a federal public company (for example, Caixa Econômica Federal). Both are part of the Public Administration, but have distinct legal regimes.

Learn more about Direct Public Administration.

When we think about Direct Public Administration, we are referring to the set of bodies that make up the political structure of the Union, the States, the Federal District, and the Municipalities.

These bodies were given the authority to develop administrative activities in a centralized manner.

It is important to note that, due to the principles of specialty, hierarchy, and efficiency, the Direct Administration can be divided into duly tiered bodies, without ceasing to be part of the Direct Administration and therefore not constituting a new legal entity.

At the federal level, for example, the Presidency of the Republic, the Ministries, the Chamber of Deputies, among others, make up the direct public administration.

Indirect Public Administration and its characteristics

According to legal doctrine, when we talk about Indirect Administration, we are referring to the group of administrative entities that are linked to the Direct Administration and that have the authority to carry out administrative activities. 

That is to say, the Indirect Public Administration is composed of autonomous entities, public foundations, public companies, and mixed-economy companies.

In practical professional life, there are several activities that can be performed by professionals with expertise in Administrative Law. I will present some examples.

Legal and extrajudicial representation

In day-to-day legal practice, it is very common for lawyers to act as legal representatives for individuals or legal entities in administrative or judicial proceedings against the Indirect Public Administration.

When the INSS (a federal agency that is part of the Indirect Public Administration) does not grant a benefit to an insured person, the lawyer may:

• Appealing the administrative decision that did not grant the benefit to the insured (acting extrajudicially);
• To file a lawsuit requesting the granting of the benefit to the insured (acting in a judicial manner).

When we talk about legal representation, there are many examples that could be presented to you!

Suppose an employee of Caixa Econômica Federal, a public company that is part of the Indirect Public Administration, commits an illegal act that causes harm to a consumer. 

As a lawyer, you can file a lawsuit in Federal Court demanding that the public company be ordered to compensate your client for the damages caused.

It is also important to note that in this area, in addition to needing knowledge of the administrative organization of the Public Administration, legal professionals must also be familiar with the rules of civil liability of the State.

Drafting and analyzing administrative contracts.

You, too, working as a specialist in Administrative Law, could be responsible for drafting and analyzing contracts signed by entities of the indirect public administration. 

Public lawyers working in indirect public administration, such as autonomous agencies and foundations, are also responsible for drafting and analyzing contracts that these entities enter into with other parties, such as companies or individuals. 

These contracts can have various objectives, such as the acquisition of goods and services, the provision of public services, concessions, and public-private partnerships.

Drafting administrative contracts is a task that requires specific knowledge of public law and the rules governing public administration, including the Law on Bidding and Contracts.

Therefore, it is important that contracts are drafted in a clear, precise, and complete manner to avoid doubts or ambiguities that could lead to future problems.

The defense of public assets 

Defending public assets is one of the responsibilities of public lawyers working in public administration. 

They are responsible for taking legal action to recover financial resources and public assets that have been misappropriated or improperly seized.

An example of action in this area would be a public civil action brought by the Public Prosecutor's Office, with the aim of seeking compensation for damage caused by a public official or company that has caused harm to public assets. 

In this type of action, the goal is to hold the agent or company that committed the illegal act accountable, as well as to recover the misappropriated funds.

Furthermore, delving deeper into the study of Administrative Law is fundamental, since the legal provisions that regulate the protection of public assets are diverse. 

Among them, the most notable are the 1988 Federal Constitution, the Law on Administrative Impropriety (Law No. 8.429/92), and the Law on Public Civil Action (Law No. 7.347/85). 

Furthermore, there are other specific laws for certain areas, such as the Anti-Corruption Law (Law No. 12.846/13), which provides for the administrative and civil liability of legal entities for acts against the public administration.

Drafting legal opinions

This is another activity of great importance in Public Administration! 

Legal opinions are technical statements prepared by lawyers with the aim of clarifying specific points of law to support decisions by managers of indirect public administration in various areas, such as bidding processes, contracts, agreements, among others. 

These opinions can be requested by managers or other internal bodies of the entity, such as bidding committees or purchasing departments.

For example, a lawyer may be called upon to prepare an opinion on the legality of an ongoing bidding process, analyzing the documents and rules stipulated in the bidding law. 

Based on this analysis, the technical report can indicate whether the procedure complies with current legislation or if there are irregularities that need to be corrected.

Administrative Law in practice!

Understanding the structure of the Brazilian public administration is fundamental if you are a legal professional, whether a lawyer, prosecutor, judge, or public defender, working in the area of ​​public law. 

Public administration is responsible for various activities that directly affect society, such as the provision of public services, the development and implementation of public policies, the regulation of economic sectors, among others.

By understanding the structure of public administration, you can better understand how these activities are carried out, what the responsibilities of each agency or entity are, and how these agencies and entities relate to each other. 

If you are a lawyer, for example, knowing the entire structure is fundamental to better advising your clients, whether in defending their rights against the public administration or in preparing projects or proposals that involve the actions of public authorities.

By understanding these rules, your actions will be more assertive and strategic in defending your clients' interests, identifying any illegalities or abuses committed by public administration and taking appropriate legal action to protect your clients' rights.

Deepen your studies in Administrative Law.

As you can see, there are many details involved in the topics discussed in Administrative Law . Knowing them is essential for excelling in your professional activity.

With IDP Online's postgraduate program, you can study from anywhere in Brazil, including exchanging ideas live with the country's most renowned professors. 

Without a doubt, this will greatly facilitate your learning journey, because you will have the help of the leading professionals in the field, as well as access to the best books and technological resources to make your study routine easier.

Also, if you enjoyed this article, be sure to subscribe to our newsletter! 

By subscribing to our newsletter, you'll have first-hand access to IDP articles, including the latest news from the legal world, free IDP materials, and recommendations from market experts!