contenciosoadministrativo

Contencioso administrativo, or contencioso-administrativo, is a branch of public law that governs disputes arising from acts and omissions of public administration. These disputes are typically resolved in specialized administrative courts or tribunals, and aim to ensure legality, proportionality, and proper use of public power. The area covers challenges to administrative acts, regulatory decisions, licensing and permits, sanctions, administrative contracts, tax assessments, expropriation, and urban planning or other acts that affect private rights or the public interest.

The subject matter includes disputes between individuals, companies or associations and government entities at local, regional or national levels. The procedure usually involves a formal challenge to an administrative act, with the court reviewing legality, conformity with due process, and respect for fundamental rights. Depending on the legal system, remedies may include annulment or modification of the act, obligation to reconsider or revoke it, suspension of its effects through provisional measures, and, in some cases, compensation for damages caused by the act or its execution. The process may require exhaustion of administrative remedies before judicial review, although some systems allow direct access to the courts.

Outcomes of contencioso administrativo contribute to controlling public power and protecting citizens’ rights, while also interfacing with constitutional and civil procedure rules. The field is distinct from purely civil or criminal litigation, focusing on legality and legitimacy of state actions rather than private disputes.

Variations exist among jurisdictions, especially between Portuguese-speaking countries. Some systems rely on dedicated administrative courts or tribunals; others route challenges through the ordinary judiciary, with specific procedural rules for administrative review. Regardless, the core aim is to provide a mechanism to hold the administration accountable and to correct illegitimate acts.