A aplicabilidade da Lei de Improbidade Administrativa em face dos agentes políticos no direito administrativo brasileiro

• Autor(a) principal: Balbino, Nayara Thaís Thomé
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35210
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; Improbidade administrativa; Agente político; Crime de responsabilidade; Reclamação 2138; Administrative improbity; Political agents; Responsibility crimes; Legal claim 2138

The goal of this paper is to study the Administrative Impropriety Law’s application in the face of political agents. It is known that the Legal Claim 2138, judged by the Supreme Federal Court, has given quite an inquietude to the Brazilian’s administrative law. As a result, there was the need to analyze thoroughly the Administrative Impropriety Law and the Liability Crime Law, especially when concerns its legal nature, through doctrines, scientific articles and jurisprudent. After this, it was verified the current position of the Supreme Federal Court about the subject. The conclusion was that in spite of the reluctances, the understanding which tends to be substantiated is that the agents of the State’s High Scale should also answer for the Administrative Impropriety, since although the two law protect the administrative morality, the don’t have any relation, because there is no independence of instances. Moreover, the data listed shows that the Law 8429/92 is more efficient to the combat of corruption than the Law 1079/50. However, it is yet necessary to discuss the matter of having a special treatment to the Chief of the Federal Executive whereas this one does not respond towards the Law of Administrative Impropriety, whilst the other Chiefs of the Executive, State and Municipal, are held responsible for the law in question