The new legal framework for the application of sanctions by the TCU from Law nº 13.655/2018

• Autor(a) principal: Maia Alves, Francisco Sérgio
• 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/830
• topic: administrative infraction; administrative sanction; LINDB; gross error; motivation; infração administrativa; sanção administrativa; LINDB; erro grosseiro; motivação

The Law nº 13.655/2018 included a series of provisions in the Introduction to the Brazilian Law Act (LINDB) aimed at disciplining the application of administrative sanctions to public agents for violation of rules on public management. The new provisions established parameters for the examination of the illicitness and culpability of the conduct and established a new standard for the application of the sanction: the existence of malice or gross error. The purpose of the paper is to interpret this new set of rules based on the analytical concept of administrative infraction and to verify how the provisions affect the legal framework applicable to the exercise of the sanctioning power by the Federal Court of Accounts (TCU – Brazil). To carry out the work, the deductive method of approach and documentary and bibliographical research were used. At the end of the research, it was found that the recent changes in the LINDB imposed stricter criteria of liability and a greater burden of argumentation on the judge of accounts.