The new law of administrative misconduct
a useful instrument for combating corruption?
DOI:
https://doi.org/10.51473/rcmos.v2i2.433Keywords:
improbity, Corruption, ConstitutionAbstract
The administrative improbity action is the procedural instrument that aims to apply sanctions to public agents or third parties who practice acts of administrative improbity. With the new law, proof of specifi c intent by the public manager in committing the act is required. The act of administrative improbity will only be typifi ed in cases where the intention of the public agent to commit the illegality with the purpose of causing damage to public property, to favor himself or third parties is proven. With law 14,230/21, one of the main legal provisions to combat corruption, law 8,429/92, was modifi ed. This change requires that specifi c intent be required in all cases to set up improbity. The change does not punish the incompetent public agent, but the dishonest one. And this change brought diff erences between scholars and part of the judiciary, this article shows some points of change and the political context for this.
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