Administrative Act Amendments
Administrative Appeal
Both the appeal and the review are instruments used based on Law 9.784 of January 29, 1999, which regulates the administrative process within the Federal Public Administration.
The appeal, however, is used against any administrative decision, with a deadline for filing of 10 calendar days from the date of acknowledgment of the decision, unless otherwise provided by specific law. The document must be addressed to the same authority that made the decision, which will have 05 (five) days to decide.
The appeal will be processed by at most 03 (three) administrative instances, and in the end will receive the status of “Res judicata Administrativa”, thus exhausting all chances of being analyzed in the administrative sphere.
The appeal does not impose suspensive effect on the case, but if there is a possibility of serious damage to the process or generate an effect of difficult reparation, the competent authority may suspend the case.
Review of the Administrative Process
The request for administrative review is made in another proceeding, when the appeal has exhausted all argument possibilities and only when new evidence or facts arise and there are supervening circumstances that may justify the injustice of the decision. For this procedure there is no time limit, no statute of limitations, and no lapse, and it can be instituted at any time.
It is not an appeal, but rather the possibility of presenting a new fact that proves an injustice that needs to be repaired by the public official.
