A extinção da modalidade culposa dos atos de imporomilidade administrativa.

Abstract

Given the entry into force of Law 14.230/2021, the purpose of this paper is to analyze the "new law on administrative misconduct", observing the changes it has brought to the Brazilian legal system, especially regarding the extinction of the negligent mode of administrative misconduct. Since this is recent legislation, it is necessary to analyze the legal effects caused by the extinction of the negligent mode of administrative misconduct, as well as to observe how the doctrine and, mainly, the jurisprudential action of the courts reacted to the topic. Initially, an analysis was made of the public administration and the fundamental principles expressed in the Federal Constitution for good administration. Subsequently, the topic of administrative misconduct was developed, including the acts that constitute administrative misconduct, the subjects who commit such acts, and the possible sanctions. Finally, the extinction of the negligent mode of administrative misconduct was discussed, observing the legislative changes that led to this extinction, as well as the doctrinal and jurisprudential discussions about the topic. This research was developed using the deductive method, through bibliographic analysis, doctrine, and jurisprudence.