Some reflections on article 163 (5) of the administrative procedure code: The «new» principle of the preservation of administrative acts

Abstract

This article has as main object the analisys of the way that principle of exploitation of administrative act , under article 163, paragraph 5 from CPA (Código do Procedimento Administrativo), works under specific circumstances and terms under the several paragraphs of the above mentioned article, and that justifies the removal of the annulment effect, giving special importance to the way the present principle works before (i) bound acts, (ii) acts in which discretion is reduced to zero, (iii) form and procedure rules and (iv) discretionary acts.