Agentes Públicos - Classificação Agentes Delegados - Aula 190 - Dto Administrativo - Prof Edu Tanaka
Understanding Delegated Agents in Administrative Law
Introduction to Delegated Agents
- The lecture begins with Professor Eduardo Tanaka discussing the classification of public agents, specifically focusing on delegated agents. He humorously clarifies that these are not related to police officers.
Characteristics of Delegated Agents
- Delegated agents are private individuals who do not have a direct employment relationship with the state and are not essential public servants.
- An example is given where an individual with a foreign medical degree must translate their diploma into Portuguese to work in Brazil, highlighting the need for official documentation.
Role and Functionality
- The professor explains that these translators operate as private entities, emphasizing their lack of formal ties to the government while still performing necessary services.
- He draws parallels between delegated agents and permissionaries or concessionaires, noting they provide public services but remain private individuals.
Legal Framework and Oversight
- The state delegates specific activities to these private individuals, who execute them under state regulations while bearing personal risk for any potential losses incurred.
- Continuous oversight by the delegating authority ensures compliance with established norms and standards during service execution.
Examples of Delegated Agents
- Examples include auctioneers authorized by federal revenue services who manage seized goods sales, illustrating how delegated agents function within legal frameworks.
- Public translators are also mentioned as crucial players in ensuring legal documents meet official requirements through certified translations.
Summary of Key Points
- In summary, delegated agents do not hold public servant status; they operate independently without direct financial ties to the state but still play vital roles in executing public functions.
Responsibility in Translation Services
Consequences of Errors in Translation
- A translation error can lead to significant financial losses for clients, such as losing job opportunities or failing public service exams.
- The translator is held liable for damages caused by their mistakes under civil responsibility laws, which require them to prove they did not commit an error if the claim exceeds a certain amount.
- If a translator cannot afford to pay the damages (e.g., 100,000 reais), they may have to liquidate personal assets to cover the costs of indemnification.
Legal Implications and State Responsibility
- In cases where a translator cannot fulfill their financial obligations due to insolvency, the state may be held responsible for covering the remaining damages.