O limite do disciplinamento e da punição nos atos de improbidade administrativa (Lei 8.429/92).

Abstract

In dealing with public affairs, the Federal Constitution reinforces the duty of administrative probity by establishing sanctions on those who do not practice acts in the dictates of good faith. In addition, the Law of Administrative Improbability (Law No. 8.429/92) was created, which lay out, in particular, about the sanctions againstdis honest public agents. In spite of the existence of this norm, acts of administrative improbity are not properly delimited, having an open character and establishing few parameters to the judicial organs in the application of sanctions for improbity. This fact may occasion the indiscriminate and unreasonable prosecution of lawsuits whose object is to condemn the acts taxed asunrighteous. Therefore, the possible gaps in the aforementioned law regarding the characterization of the administrative improbity act were investigated, as well as the limits and parameters for applying the sanction to the dishonest agent in analysis of the case law. In this research, the parameters established by the Superior Court of Justice were analyzed. In order to achieve the results of this study, the deductive, historical-evolutionary, as well as the bibliographic, doctrinal and jurisprudential research techniques were managed. As a temporal cut, the analysis focused on the period between 1999 and 2017, especially considering the conceptual gaps brought by the norm.I t has been that the criteria of reasonableness and proportionality be observed, and the magistrate must support the sanction applied in the severity of the conduct practiced by the dishonest agent, in accordance with due process of law and requiring the motivation of the judicial decision.