Origin Of The Remunerations' Payment When The Dismissal Administrative Act Is Invalid Or Illegal

Abstract

Public servants whose administrative responsibility determination is dismissal may go before the Contentious-Administrative Court, so that the administrative act of dismissal is declared null or illegal and, consequently, they can be reinstated to their functions and the currency values they have not received are restored. However, in relation to the restitution of not received remunerations and other legal benefits, its origin, without any justification, is limited to the case of nullity, excluding this right in the case of illegality. Therefore, the objective of this research is to determine that the restitution of unreceived currency values is appropriate in all cases where the administrative act is revoked. This article is a bibliographic review, its approach is qualitative, supported by the deductive method and documentary analysis

As a result, it is established that the unpaid remunerations are part of the right to reparation and its origin is not limited to the declaration of nullity or illegality of the administrative act, since in both cases the dismissed public servant was obliged to bear omissions of public administration gravitating to their rights.