OLIVEIRA, T. A.; OLIVEIRA, Teomar Almeida de.
Abstract:
The present work treats of the controversy decision of STF in the Complaint n. 2.138,
in the which disrespected the applicability of the Law n° 8.429/92 - Law of
Administrative Improbity - to the political agents, considering that these are affections
to the Law no. 1.079/50 - Law of Responsibility - with forum prerogative, therefore.
However, he/she is considered that the non application of the Law of Improbity to the
political agents, as public agents that are, acts not only a position contrary to the
Federal Constitution, as well as, a great social and juridical retreat, have seen, the
historical inefficacy of the processes of political responsibility, told by the majority
doctrine. In that interim, the repressive protection against the actions of
administrative improbity through the Law 8.429/1992 configures one of the most
important instruments in the combat to the corruption. And, for the effectiveness of
the collective processes that you/they clean actions of administrative improbity it is
implacable to understand that such actions don't possess criminal nature or that
you/they come to configure the improperly denominated "crimes of responsibility",
being, therefore, illicit civil, whose process and judgement are affections to the
judges of first degree, although the active subject comes to be a political agent.
Those are the treated basic subjects, with the objective of demonstrating the
misunderstanding of the theory adopted by STF in relation to the theme, that, with
the decision welcoming the foregoing complaint.
