Agentes políticos à luz da lei de improbidade administrativa.

Abstract

The present work treats of the controversy decision of STF in the Complaint n. 2.138, in the which disrespected the applicability of the Law n° 8.429/92 - Law of Administrative Improbity - to the political agents, considering that these are affections to the Law no. 1.079/50 - Law of Responsibility - with forum prerogative, therefore. However, he/she is considered that the non application of the Law of Improbity to the political agents, as public agents that are, acts not only a position contrary to the Federal Constitution, as well as, a great social and juridical retreat, have seen, the historical inefficacy of the processes of political responsibility, told by the majority doctrine. In that interim, the repressive protection against the actions of administrative improbity through the Law 8.429/1992 configures one of the most important instruments in the combat to the corruption. And, for the effectiveness of the collective processes that you/they clean actions of administrative improbity it is implacable to understand that such actions don't possess criminal nature or that you/they come to configure the improperly denominated "crimes of responsibility", being, therefore, illicit civil, whose process and judgement are affections to the judges of first degree, although the active subject comes to be a political agent. Those are the treated basic subjects, with the objective of demonstrating the misunderstanding of the theory adopted by STF in relation to the theme, that, with the decision welcoming the foregoing complaint.