ATA/180/1998•Denial of justice for failure to issue a formal decision
ATA/180/1998Tribunal de Justiça / Câmara Administrativa31 de mar. de 1998Granted
Extraído pela Omnilex
The insured person complained of a denial of justice in social insurance proceedings because the insurer had all necessary elements to decide but did not render a formal decision. The court upheld the appeal, holding that the failure to issue a decision constituted a denial of justice. The matter was therefore sent back in substance so that the insurer could decide formally.
LAA art. 106; denial of justice where the insurer refrains from issuing a formal decision despite having sufficient elements to rule; an appeal is admissible and must be upheld when the administrative authority unlawfully leaves the claim pending instead of deciding it. The decisive criterion is not whether further investigation would be desirable, but whether the authority already disposes of the material necessary to render a decision (cf. consid. 1).
Descripteurs
ASSURANCE SOCIALE; ACCIDENT; AA; DROIT D'OBTENIR UNE DECISION; PROCEDURE ADMINISTRATIVE; ASSU
Normes
LAA.106
Résumé
Recours pour déni de justice admis car l'assureur qui disposait des éléments pour statuer, n'a pas rendu de décision formelle.
Extraído pela Omnilex
Whether the insurer committed a denial of justice by failing to issue a formal decision despite having sufficient information to decide.
Yes. The appeal was upheld because the insurer should have issued a formal decision and did not do so.
An authority may not leave a matter undecided when it already has the elements needed to rule; the absence of a formal decision constitutes a denial of justice.
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