A reclamação 2138 e o combate a corrupção.

Abstract

A balanced society, socially and economically developed is the result of a good government. All officials responsible for public affairs should be guided with probity in achieving the public interest and, i f deviating from that posture may respond by the practice of administrative lack of honesty (Law No. 8.429/92). Data on the widest collected courts of the country show the number of such procedures, which denotes the high level of corruption in public administration. The court reprimand in itself is not capable of preventing the high levels of corruption. Meanwhile, the decision issued surprised by the Supreme Federal Court (STF) in 2138 Complaint, asserting that a political agent does not respond by act of lack of honesty, because processed by crime of responsibility - which generate "bis in idem". With this decision it moved to question its application to all political players, seeking to present research showing that the adoption of this position can lead to a process of "formalization of corruption" in the country. Meanwhile walked themselves to scientific research by the method exegetic-law, beyond the use of the deductive method. In the analysis of the proposed topic has been based on an approach to criminal policy to combat corruption and the policy beyond the penalty, verified by the administrative control and responsibility for the assets of the Administration. In a second time were considered the main provisions of the Law of Administrative Lack of Honesty, showing clearly and objectively how the administrative activity is distorting the concept of probity, focusing on the penalties and the subject assets and liabilities of that act. Checking the reasons for the decision of the STF in the Complaint 2138, it was found that the political agents who were prosecuted for crimes of responsibility could not be doubly punished, with the impact of sanctions also provided in the Law of Administrative Lack of Honesty. It was, in the end, that the posture designed in that complaint can not prosper under penalty of up result is unsuccessful one of the few effective weapons in combating corruption in Brazil.