São princípios administrativos constitucionais, previstos no artigo 5º da Constituição Federal, EXCETO,
- A)contraditório.
Incorrect as the EXCEPT choice. Contradictory proceedings are expressly assured in administrative proceedings by art. 5, LV.
- B)ampla defesa.
Incorrect as the EXCEPT choice. Full defense is also expressly assured in administrative proceedings by art. 5, LV.
- C)celeridade e razoável duração do processo administrativo.
Incorrect as the EXCEPT choice. Reasonable duration and procedural speed apply to judicial and administrative proceedings under art. 5, LXXVIII.
- D)legalidade.
Correct. In the administrative-principle framing of the question, legality is the exception because it is expressly listed as an administrative principle in art. 37, caput, not in the same art. 5 procedural-guarantee set used by the other options.
Gabarito: D
For this item, the examiner asked for constitutional administrative principles found in article 5 of the Federal Constitution. Contradictory proceedings and full defense are in art. 5, LV, and reasonable duration of judicial and administrative proceedings is in art. 5, LXXVIII. The legality principle is a core administrative principle in art. 37, caput; although art. 5, II states a general legality guarantee, the administrative-principle list targeted by the item excludes option D.