O ATO DE CONCESSÃO INICIAL DE APOSENTADORIA, REFORMA OU PENSÃO COMO ATO ADMINISTRATIVO COMPOSTO E SUA REPERCUSSÃO NO INÍCIO DA CONTAGEM DO PRAZO DECADENCIAL DE 5 (CINCO) ANOS PARA O JULGAMENTO DA LEGALIDADE DE TAL ATO PELOS TRIBUNAIS DE CONTAS

Abstract

The choice of the theme for this work comes from its great economic and legal repercussions, since there are in Brazil, in relation to the federal level alone, more than one million active workers and almost half a million retired workers. In view of this scenario, the following questions arise: i) is the act of initial granting of retirement a complex or composite administrative act? ii) Depending on which classification is used, what is the term a quo for counting the expiring deadline that the Public Administration has for annulment of illegal acts? Regarding the methodology, the dialectical method was used, analyzing antagonistic doctrinal and jurisprudential positions on the topics covered. Otherwise, a qualitative approach was used, with a descriptive objective, using as a research procedure the literature review in order to support the intended critical analysis, including in relation to the jurisprudence of the Superior Courts and the Courts of Auditors. In conclusion, it was demonstrated that the granting of retirement must be considered a compound administrative act, taking into account that the initial act performed by the body to which the civil servant was linked and the control performed by the Court of Auditors are performed by different bodies, without any hierarchical link, the Courts of Auditors act only serving as verification of the practice already completed and carried out previously, without the necessary integrative nature to consider it a complexe act. Finally, still as a conclusion, it was understood that the term a quo for counting the expiring deadline available to the Public Administration, as provided for in art. 54, caput, of Law n. 9,784/99, begins when the granting act of retirement is published by the body to which the civil servant was linked.