DINIZ, J. A. G. C. A.; http://lattes.cnpq.br/4136812670270360; DINIZ, João Afonso Gomes Cavalcanti Abílio.
Résumé:
This study is based on the doctrinal need in the application of the principle of
proportionality as a way to dose the administrative improbity sanctions. It applies the
principle of proportionality as an effective way of interpretation and relativization of
the constant rules of the parental law. As the penalties of improbity, they have an
excessively open nature, as they stablish a very large amount of penalties that can
be imposed on the public official. Therefore, the need to apply the principle of
proportionality in improbity penalties, in a way that the magistrate as a way to avoid
the commission of injustice, since the act of magistrate judging may cause an abuse
of power, generating unreasonable decisions, and the application of this principle is
the way to have more fair decisions. The present study aims to demonstrate the
applicability of the principle of proportionality in the penalties gradation in
administrative improbity crimes, as a way to bring greater justice to improbity
convictions, always striving for balance and fairness in the application of penalties as
a way to obey the caput and sole paragraph of the article 12 of the Administrative
Improbity Law. To achieve this end, it will be used scientific research methods, as the
procedure methods, the historical-evolutional, comparison and observational. About
the method of approach it will be used the deductive one, that is, it will start with a
general analysis of the application of the principle of proportionality as well as the
penalties gradation relating to crimes of administrative improbity, including the
doctrine, jurisprudence and legal provisions. It will be used indirect documentary
research, through bibliographic research, through books, magazines and electronic
articles, as jurisprudential, thought information of Superior Courts and decisions of
Justice Courts, in addition of the comparative law.
