Analysis of former mayor´s inclusion for administrative misconduct of public officials with delegated powers

• Autor(a) principal: Reis, Jair Teixeira dos
• Data de Publicação: 2016
• Outros Autores: Mendes, Yury Vieira Tupynambá de Lélis, Veloso, Matheus de Quadros
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/22984
• topic: Administrative misconduct; Municipal autonomy; Principle of authority and privileged forum; Administrative decentralization; Lack of solidarity criminal responsibility; Improbidade administrativa; Autonomia municipal; Princípio da autoridade e foro privilegiado; Desconcentração administrativa; Inexistência de responsabilidade criminal solidária

Administrative misconduct is the true "pathology" of Brazilian public life and must be tackled. However, this does not legitimize the State´s use of the Public Prosecutor´s Office, one of the State´s many institutions responsible for the defense of our society and, does not justify the counties prosecutors (art 127, §1 of the Constitution) misdeeds in municipal administrations, which can be penalized by State intervention. In addition, in regards to the special jurisdiction of the magistrates of the lower courts, a prerogative is granted to the mayor by the article 29, line X, of the Brazilian Constitution. Furthermore, the objective of this study is to contribute to the debate of "Administrative Misconduct"; to analyze State intervention to the detriment of the Municipality´s constitutional autonomy and its relation to the courts; and to relate to a former mayor  that is facing criminal liability for administrative misconduct, which was committed by his agent with delegated powers that were extended via decree of administrative decentralization. This research was made possible with the use of literature (doctrine) and documents (jurisprudence); these methods helped elucidate and answer this study´s main question.