Teste da integridade: a constitucionalidade de sua aplicação aos agentes públicos como medida de combate à corrupção administrativa

Abstract

This paper aims the study of the constitutionality of the application of integrity tests to public agents as a measure to combat and prevent corruption. For this, it seeks the concept, rules of application, criticism and constitutionality, through the deductive method, with a focus on bibliographical, doctrinal, scientific and jurisprudential research. The integrity tests correspond to simulations, within the public administration, which would offer a certain advantage to one of their agents in exchange for committing an offense, and from the occurrence of acceptance or refusal, it would be verified whether it would be corrupt or not. Its implementation in Brazil was proposed by the Federal Public Ministry in the campaign titled "Ten Measures Against Corruption", being subsequently formalized in the Law n° 4.850/16. Faced with the configuration as controversial, the study of its implementation as a unique mechanism to combat corruption and the guarantee of a public service endowed with people with inoffice, who act within the administrative morality. The effectiveness of integrity tests has been proven by several countries that have applied them, being also recommended by the United Nations Organization and by bodies with international transparency.