Os crimes de improbidade administrativa: violação aos princípios constitucionais dispostos no artigo 37 da Constituição Federal de 1988.

Abstract

The supremacy of the public interest is logical consequence of the administrative activity. In the search of that occupation, relevant it is made the paper of the society for the control of the administrative activity carried out by their agents. In that interim to present research possesses as central focus the analysis of the crimes of administrative improbity practiced by those that should care for the perfect operation of the administrative machine, in direct confrontation with the principles orientate of the Public Administration. Through the juridical exegesis research method, with the use of codes, doctrines and concerning goods to the matter was looked for to base and to emphasize the need of a larger explanation on the theme, because the current legislation is omitted, the one that finishes causing divergence of having judged, opening space for casuistries. Like this, the general objective is her analyzes of the general aspects of the Law of Administrative improbity, demonstrating in a clear way that it forms the administrative activity is depreciated of the morality concept. Finally, the specific objectives based in the antecedent recital opposed the doctrinaire opinions and jurisprudences that lean over on the responsibility and the political agents' framing in the Law of Administrative Improbity, besides delineating the crimes that transgress the constitutional principles contained in the caput of the article 37 of the Charter. It is concluded in a first moment the existence of specific regulation on the theme, but possible to affirm that rare they are the cases of his/her application, maybe cases of sentence in having judged.