Jan 12, 2021 10:19
3 yrs ago
29 viewers *
Portuguese term
Recurso tutelar
Portuguese to English
Other
Law (general)
English UK
Contexto: Definição do termo supra - "impugnação de um act administrativo ou decisão de um órgão da Administração Pública de uma entidade autónoma, perante o órgão responsável pela tutela administrativa dessa entidade autónoma".
Já encontrei "Protective Appeal" and "Tutelary Appeal", aqui no Proz, mas continuo com dúvidas.
TIA
Já encontrei "Protective Appeal" and "Tutelary Appeal", aqui no Proz, mas continuo com dúvidas.
TIA
Proposed translations
(English)
References
| Substantive appeal |
Cláudia Pinheiro Pereira
|
Proposed translations
2 hrs
Oliver Simões
United States
United States
Native in Portuguese
Specializes in field
United States
BA in Transl., MA in ESL, 15 yrs of exp.
Native in: Portuguese 
Works in: English to Portuguese, Portuguese to English, Spanish to Portuguese, and 2 more.
Related KudoZ points
:
283
Administrative challenge
impugnar. challenge; object to.
Dicionário de Economia, Direito e Contabilidade, Marcílio Moreira de Castro
16.6 Administrative Challenge to Improper Rulemaking
Prior to July 1, 2001, a challenge to an unadopted rule, outside of a contested case proceeding, had to be brought in court. As of that date, however, the APA was amended to provide an administrative process to challenge the enforcement of policies that should be adopted as rules.[1] Any person may file a petition with the office of administrative hearings seeking an order from an administrative law judge determining that an agency is enforcing or attempting to enforce a policy as though it were a duly adopted rule. - https://mitchellhamline.edu/minnesota-administrative-procedu...
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A. Types of Administrative Challenges
The APA was enacted in 1946 in response to the rapidly expanding administrative state and was meant to serve as “a check upon administrators whose zeal might otherwise have carried them to excesses not contemplated in legislation creating their offices.”28 In the words of one of its sponsors, it “is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated” by federal agencies.29 To that end, it grants a right of action to any person who is “suffering legal wrong” or "adversely affected or aggrieved” by a federal agency. -- https://www.virginialawreview.org/sites/virginialawreview.or...
Dicionário de Economia, Direito e Contabilidade, Marcílio Moreira de Castro
16.6 Administrative Challenge to Improper Rulemaking
Prior to July 1, 2001, a challenge to an unadopted rule, outside of a contested case proceeding, had to be brought in court. As of that date, however, the APA was amended to provide an administrative process to challenge the enforcement of policies that should be adopted as rules.[1] Any person may file a petition with the office of administrative hearings seeking an order from an administrative law judge determining that an agency is enforcing or attempting to enforce a policy as though it were a duly adopted rule. - https://mitchellhamline.edu/minnesota-administrative-procedu...
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Note added at 2 hrs (2021-01-12 13:04:57 GMT)
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A. Types of Administrative Challenges
The APA was enacted in 1946 in response to the rapidly expanding administrative state and was meant to serve as “a check upon administrators whose zeal might otherwise have carried them to excesses not contemplated in legislation creating their offices.”28 In the words of one of its sponsors, it “is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated” by federal agencies.29 To that end, it grants a right of action to any person who is “suffering legal wrong” or "adversely affected or aggrieved” by a federal agency. -- https://www.virginialawreview.org/sites/virginialawreview.or...
Note from asker:
| Obrigada, Oliveira Simões. :) |
2 hrs
Cristina Mantovani
Brazil
Brazil
Native in Portuguese
Works in field
Brazil
15y eng, chem, fin, bus, law PTEN
Native in: Portuguese
Works in: English to Portuguese, Portuguese to English, Portuguese
Related KudoZ points
:
16
Administrative remedy/appeal
No teu exemplo em específico, parece ser essa a expressão.
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"The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws."
https://www.aat.gov.au/about-the-aat
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Note added at 2 hrs (2021-01-12 13:07:04 GMT)
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"The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws."
https://www.aat.gov.au/about-the-aat
Note from asker:
| Thank you so much for your detailed contribution :) |
+1
2 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: Scottish, British) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
115
UK: Application for Judicial Review /of Administrative Action /
Compare and contrast in Colombia: una acción de amparo, tutelar o de garantía > an action to enforce constitutional rights > West.
I assumed someone else was going to hit on the public-law answer of JR, so wasn't going to bother.
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Note added at 11 heures (2021-01-12 22:11:56 GMT)
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Oliver has since deleted his 'Peer's Comment', but - by dint of his exposition of órgão responsável pela tutela administrativa - I would change Judicial to Internal Administrative Review, as in a Patent Office 'internal appeal.
Recurso de Revisão could possibly be an 'Action to Set Aside'. Strictly speaking, Judicial Review in the UK cannot overturn an admin. decision, but only enquire into the merits or intra vires vs. ultra vires purport of such and recommend action. The UK Govt. and public bodies usually then change their tune, not becuase they have to by law, but because they don't want to be see flouting the 'Rule of Law' cf. Donald Trump's backlash at the mo. The UK Courts will also - for that reason - follow the non-binding and oft-laughable judg(e)ments of the non-EU European Court of Human Rights in Strasbourg ('give UK prisoners the right to vote and a bottle of champagne').
I assumed someone else was going to hit on the public-law answer of JR, so wasn't going to bother.
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Note added at 11 heures (2021-01-12 22:11:56 GMT)
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Oliver has since deleted his 'Peer's Comment', but - by dint of his exposition of órgão responsável pela tutela administrativa - I would change Judicial to Internal Administrative Review, as in a Patent Office 'internal appeal.
Recurso de Revisão could possibly be an 'Action to Set Aside'. Strictly speaking, Judicial Review in the UK cannot overturn an admin. decision, but only enquire into the merits or intra vires vs. ultra vires purport of such and recommend action. The UK Govt. and public bodies usually then change their tune, not becuase they have to by law, but because they don't want to be see flouting the 'Rule of Law' cf. Donald Trump's backlash at the mo. The UK Courts will also - for that reason - follow the non-binding and oft-laughable judg(e)ments of the non-EU European Court of Human Rights in Strasbourg ('give UK prisoners the right to vote and a bottle of champagne').
Example sentence:
Judicial review: (in the UK) a procedure by which a court can review an administrative action by a public body and (in England) secure a declaration, order, or award. "the exercise of these powers may be challenged by judicial review"
Reference:
http://www.proz.com/kudoz/portuguese-to-french/law-contracts/6329800-recurso-tutelar.html
Note from asker:
| Hi Adrian! Thank you so much for your detailed contribution - However, in this document, they provide different definitions for /Recurso Tutelar/ and /Recurso de Revisão/... |
6 hrs
Mark Robertson
Native in English
Specializes in field
Translations by lawyers for lawyers
Native in: English
Works in: Portuguese to English, English
Related KudoZ points
:
1218
Hierarchical appeal
1. Recurso tutelar is the same thing as recurso hierárquico, i.e. an administrative law appeal against an administrative act, which is made within the administrative hierarchy to an authority, which is higher in the administrative hierarchy than the authority that made the decision appealed against.
O recurso hierárquico é a impugnação de um acto administrativo perante o superior hierárquico do autor do acto (Alínea b) do n.º 2 do artigo 145.º) .
https://www.gov.mo/pt/apm-info-page/funcionamento-e-procedim...
Removal decisions may be subject to an administrative appeal. This may be either an
internal appeal before the administrative authorities that decided the measure, or a hierarchical appeal before the Minister of the Interior. Use of an administrative appeal does not extend the appeal deadlines.
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/20...
https://www.dgaep.gov.pt/stap/en/infoPage.cfm?objid=2e69ec33...
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Note added at 6 hrs (2021-01-12 16:53:51 GMT)
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UK or US analogies do not apply because there is no separate administrative code and jurisdiction in common law countries.
https://en.wikipedia.org/wiki/Administrative_law#In_common_l...
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Note added at 6 hrs (2021-01-12 17:17:30 GMT)
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But French law is relevant, France being the archetypal civil law country.
https://www.linguee.fr/francais-anglais/traduction/recours h...
I see that in the EU an alternative translation of recours hierarchique is "appeal to a higher administrative authority".
https://iate.europa.eu/search/standard/result/1610471779250/...
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Note added at 1 day 4 hrs (2021-01-13 15:06:02 GMT)
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Olá Ana. Obrigado pelo comentário. O problema é que a aceção de recurso tutelar varia conforme a jurisdição respectiva. Veja os meus discussion entries.
O recurso hierárquico é a impugnação de um acto administrativo perante o superior hierárquico do autor do acto (Alínea b) do n.º 2 do artigo 145.º) .
https://www.gov.mo/pt/apm-info-page/funcionamento-e-procedim...
Removal decisions may be subject to an administrative appeal. This may be either an
internal appeal before the administrative authorities that decided the measure, or a hierarchical appeal before the Minister of the Interior. Use of an administrative appeal does not extend the appeal deadlines.
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/20...
https://www.dgaep.gov.pt/stap/en/infoPage.cfm?objid=2e69ec33...
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Note added at 6 hrs (2021-01-12 16:53:51 GMT)
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UK or US analogies do not apply because there is no separate administrative code and jurisdiction in common law countries.
https://en.wikipedia.org/wiki/Administrative_law#In_common_l...
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Note added at 6 hrs (2021-01-12 17:17:30 GMT)
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But French law is relevant, France being the archetypal civil law country.
https://www.linguee.fr/francais-anglais/traduction/recours h...
I see that in the EU an alternative translation of recours hierarchique is "appeal to a higher administrative authority".
https://iate.europa.eu/search/standard/result/1610471779250/...
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Note added at 1 day 4 hrs (2021-01-13 15:06:02 GMT)
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Olá Ana. Obrigado pelo comentário. O problema é que a aceção de recurso tutelar varia conforme a jurisdição respectiva. Veja os meus discussion entries.
Note from asker:
| Hi Mark! Thanks a lot for your detailed contribution - however, in this document, they provide definitions for both - Recurso hierárquico e Recurso Tutelar, as if they were different things. Therefore, I am still confused :) |
24 days
Wallane Andrade
Brazil
Brazil
Native in Portuguese
Specializes in field
Brazil
Contract, Law
Native in: Portuguese (Variants: European/Portugal, Brazilian)
Works in: English to Portuguese, Portuguese to English, Portuguese, and 1 more.
Administrative Appeal
You may be able to appeal to the Upper Tribunal (Administrative Appeals Chamber) if you think there was a legal mistake with a decision made against you by certain lower tribunals and organisations.
https://www.gov.uk/administrative-appeals-tribunal
https://www.gov.uk/administrative-appeals-tribunal
Reference comments
3 hrs
Cláudia Pinheiro Pereira
Portugal
Portugal
Native in Portuguese
Portugal
Expert EN/SP to PT-PT Translator
Native in: Portuguese (Variant: European/Portugal)
Works in: English to Portuguese, Spanish to Portuguese, Portuguese, and 2 more.
Reference:
Substantive appeal
Olá, Ana! Não tendo a certeza sobre o tema (é imigração?) e consequentemente sobre esta proposta, coloco aqui as referências que encontrei. Espero que pelo menos sirvam para descartar ideias :)
"What are the key steps a litigant must take to commence an appeal?
[...]
To apply for permission to appeal from the High Court to the Court of Appeal, a party must file an appeal notice (Form N161: https://formfinder.hmctsformfinder.justice.gov.uk/n161-eng.p... and a skeleton argument with the Court of Appeal. [...] If permission to appeal is granted, the appellant may then file a new skeleton argument and all of the parties must agree the content of the bundles, which are then lodged with the Court of Appeal ahead of the hearing of the substantive appeal. A listing questionnaire must also be filed by the appellant setting out practical matters relating to the substantive appeal."
https://www.lexology.com/library/detail.aspx?g=414b6731-7f9e...
"In response to that contention Ms Mair submitted that, once the High Court was satisfied that the Upper Tribunal had erred in law at the permission stage by failing to recognise the
arguability of the contention that the FTT was wrong in law, it would be no part of the High Court's role to go on and decide whether or not the FTT had indeed made an error of law. That, submitted Ms Mair, would be to usurp the functions of the Upper Tribunal on the substantive appeal."
https://ec.europa.eu/anti-trafficking/sites/antitrafficking/...
" The senior courts have also repeatedly warned of the dangers of satellite litigation, which simply has the effect of deferring resolution of the substantive appeal and disrupting the proper case management of both the case in hand and other appeals."
https://www.judiciary.uk/wp-content/uploads/2020/10/UTAAC-Gu...
"An application for permission to appeal made to the Supreme Court itself is subject to a tight timescale (the application must generally be made within 28 days of the substantive order/judgment which you are seeking to appeal, not from any later decision of the lower court refusing you permission to appeal to the Supreme Court)."
https://www.lexisnexis.com/uk/lexispsl/personalinjury/docume...
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Note added at 10 hrs (2021-01-12 21:05:24 GMT)
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Então talvez a resposta do Adrian se aproxime mais. “Appeal” é diferente de “judicial review”:
“Judicial Review is a process by which a court reviews a decision made by a public body. A public body may be a court, tribunal, government department or other organisation. Judicial Reviews are distinct from appeals, in that an appeal is usually brought to challenge the outcome of a particular case. The Judicial Review process, on the other hand, analyses the way in which public bodies reached their decision in order to decide whether or not that decision was lawful.”
http://www.courtroomadvice.co.uk/judicial-review.html
https://www.judiciary.uk/you-and-the-judiciary/appeals-proce...
https://www.judiciary.uk/you-and-the-judiciary/judicial-revi...
"What are the key steps a litigant must take to commence an appeal?
[...]
To apply for permission to appeal from the High Court to the Court of Appeal, a party must file an appeal notice (Form N161: https://formfinder.hmctsformfinder.justice.gov.uk/n161-eng.p... and a skeleton argument with the Court of Appeal. [...] If permission to appeal is granted, the appellant may then file a new skeleton argument and all of the parties must agree the content of the bundles, which are then lodged with the Court of Appeal ahead of the hearing of the substantive appeal. A listing questionnaire must also be filed by the appellant setting out practical matters relating to the substantive appeal."
https://www.lexology.com/library/detail.aspx?g=414b6731-7f9e...
"In response to that contention Ms Mair submitted that, once the High Court was satisfied that the Upper Tribunal had erred in law at the permission stage by failing to recognise the
arguability of the contention that the FTT was wrong in law, it would be no part of the High Court's role to go on and decide whether or not the FTT had indeed made an error of law. That, submitted Ms Mair, would be to usurp the functions of the Upper Tribunal on the substantive appeal."
https://ec.europa.eu/anti-trafficking/sites/antitrafficking/...
" The senior courts have also repeatedly warned of the dangers of satellite litigation, which simply has the effect of deferring resolution of the substantive appeal and disrupting the proper case management of both the case in hand and other appeals."
https://www.judiciary.uk/wp-content/uploads/2020/10/UTAAC-Gu...
"An application for permission to appeal made to the Supreme Court itself is subject to a tight timescale (the application must generally be made within 28 days of the substantive order/judgment which you are seeking to appeal, not from any later decision of the lower court refusing you permission to appeal to the Supreme Court)."
https://www.lexisnexis.com/uk/lexispsl/personalinjury/docume...
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Note added at 10 hrs (2021-01-12 21:05:24 GMT)
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Então talvez a resposta do Adrian se aproxime mais. “Appeal” é diferente de “judicial review”:
“Judicial Review is a process by which a court reviews a decision made by a public body. A public body may be a court, tribunal, government department or other organisation. Judicial Reviews are distinct from appeals, in that an appeal is usually brought to challenge the outcome of a particular case. The Judicial Review process, on the other hand, analyses the way in which public bodies reached their decision in order to decide whether or not that decision was lawful.”
http://www.courtroomadvice.co.uk/judicial-review.html
https://www.judiciary.uk/you-and-the-judiciary/appeals-proce...
https://www.judiciary.uk/you-and-the-judiciary/judicial-revi...
Note from asker:
| Olá Cláudia - trata-se de um decreto qsobre as regras de funcionamento dos Serviços da Função Pública. :) |
Discussion
So we need to know what jurisdiction Ana is dealing with.
Ana's supposed definition of a recurso tutelar is in fact a definition of a recurso hierárquico.
Decreto-Lei n.º 422/91
Código do Procedimento Administrativo
Recurso hierárquico
Art.º 166
Objecto
Podem ser objecto de recurso hierárquico todos os actos administrativos praticados por órgãos sujeitos aos poderes hierárquicos de outros órgãos, desde que a lei não exclua tal possibilidade.
Recurso tutelar:
Art. 177
O recurso tutelar tem por objecto actos administrativos praticados por órgãos de pessoas colectivas públicas sujeitas a tutela ou superintendência.
Decreto-Lei nº 442/91
CÓDIGO DO PROCEDIMENTO ADMINISTRATIVO
Artigo 177.º - Recurso tutelar
1 - O recurso tutelar tem por objecto actos administrativos praticados por órgãos de pessoas colectivas públicas sujeitas a tutela ou superintendência.
2 - O recurso tutelar só existe nos casos expressamente previstos por lei e tem, salvo disposição em contrário, carácter facultativo.
3 - O recurso tutelar só pode ter por fundamento a inconveniência do acto recorrido nos casos em que a lei estabeleça uma tutela de mérito.
4 - A modificação ou substituição do acto recorrido só é possível se a lei conferir poderes de tutela substitutiva e no âmbito destes.
5 - Ao recurso tutelar são aplicáveis as disposições reguladoras do recurso hierárquico, na parte em que não contrariem a natureza própria daquele e o respeito devido à autonomia da entidade tutelada.
FERC: the US Federal Energy Regulatory Commission