Improbidade administrativa sob o enfoque da colisão de princípios aplicada a um caso concreto.

Abstract

The present work aims to analyze Process nº0000845-12.2011.815.0371, Public Civil Action of Administrative Improbity, entitled by the local press as "Action of Colors" filed at the Court of Justice of Paraíba. This action was motivated by the violation of principles of Public Administration, namely impersonality and morality, by Fábio Tyrone, municipal political agent, by standardizing the municipality's assets with the colors that informed its electoral campaign, green and orange, thus contradicting Article 11 of Law nº 8.429/92. To that end, it had been explained about the legal principles, public agents and administrative improbity in order to create a dense content in order to understand the intricacies of said process. The study highlighted the discussion about the application of the Principles of Proportionality and Reasonability in the dosimetry of the sentence, highlighting the arguments between the parties and the Judiciary on the matter. For the preparation of the present study, the legal deductive and exegetical method is used. As for the procedure, it is worth of the bibliographical research, analysis of books, laws, jurisprudences and scientific theses on the subject. The purpose of this paper is to clarify, without exhausting the questions on the subject, on the adequacy of the dosimetry of the sentence with practice of the impotent act, where a disproportionate and unreasonable penalty applied to the public agent in question was verified.