Study of the extinction of rights in coercive collection: legal and administrative analysis

Abstract

The study evaluated the influence of expiration and prescription on the coercive collection procedure, necessary to guarantee legal certainty and prevent the perpetuity of procedures. A qualitative methodology was employed, analyzing relevant information on coercive collection, expiration, and prescription in the context of public administration, as well as applicable legal principles and norms. It was found that expiration acts automatically, extinguishing rights by the mere passage of time, while prescription needs to be claimed and is based on the inactivity of the right holder. Both concepts limit the arbitrary exercise of administrative power, protecting citizens' rights and promoting administrative efficiency. The results highlighted that expiration results in the invalidation of the credit title if the execution is not initiated within the established period, protecting citizens from prolonged administrative actions. Prescription, on the other hand, prevents the administration from exercising collection actions after long periods of inactivity, ensuring that debts do not remain indefinitely. The research emphasized the importance of these legal figures to guarantee due process and legal certainty. The proper application of expiration and prescription is fundamental for the effectiveness and efficiency of public administration, protecting citizens' rights and ensuring respect for due process. It was recommended to strengthen the training of public officials and review the current regulations to harmonize and unify applicable deadlines and procedures, avoiding legal uncertainty and arbitrariness.

Keywords: Substantiation procedure, Collection exercise, State of abandonment, Public administration.