Amendments to the Administrative Improbity Law, Law nº 8.429/92, and its reinterpretation

• Autor(a) principal: de Queiroz Sousa, Francisco Arlem
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Controle (Online)
• Texto Completo: https://revistacontrole.tce.ce.gov.br/index.php/RCDA/article/view/851
• topic: improbidade administrativa; segurança jurídica; princípio da (ir)retroatividade; Corte IDH; STF; administrative improbity; legal security; principle of (ir)retroactivity; IDH Court; STF

Law nº 14.230/2021 promoted significant changes in Law nº 8.429/92, to the point that some defend that there weren`t mere changes, but the reconfiguration itself about almost everything that was known about administrative impropriety. A central issue that soon reached the Federal Supreme Court (STF) involving Law nº 14.230/2021 was the possible collision between legal certainty and the retroactivity of laws in time. This study aims to critically analyze the decision handed down by the STF in the Extraordinary Appeal (ARE) nº 843.989/PR, in which this Court judged whether the changes promoted in Law nº 8.429/1992, by Law nº 14.230/21, would or would not apply retroactively, in view of the provisions of item XXXVI of the Federal Constitution/88. Based on bibliographical research carried out in Brazilian and foreign doctrine, as well as in documentary research promoted in the national legislation and national and international jurisprudence, especially in the judgments of the Inter-American Court of Human Rights (Court IDH), it was analyzed whether this decision of the STF is in line with the understanding that the Inter-American Court adopts in the interpretation of art. 9 of the American Convention on Human Rights (ACHR). Finally, it is concluded that the thesis established by the STF about the non-retroactivity of the most favorable norm in terms of sanctioning Administrative Law doesn`t affront the jurisprudence of the Inter-American Court. The contribution of this study to the legal debate lies in the finding that Law nº 14.230/21 doesn`t affect conventionality control.