Aplicação da Lei nº 8.429/92 aos prefeitos e os métodos de combate a Improbidade Administrativa.

Abstract

This paper aims to study the possibility of implementing the Administrative Misconduct Law to politicians, especially the Town Mayors, given statutory understanding and recent doctrinal on the subject. The practice of misconduct acts in Brazil began with the colonization, has since gone on to appear in the juridical system forms to fight them, coming to edit the Law 8429/92 disciplining sanctions against unlikely agents. The Supreme Court in a ruling on the complaint 2138 / DF understood to be inapplicable to Misconduct Act the politicians who had their illegal conduct classified as liability law specifies delict, as in the case of Mayors, which has its accountability regulated by Decree-Law 201/67. This position served as a precedent for not applying the LIA to certain politicians. Seen this, together with doctrinal and jurisprudential positions, it is shown that the continuation of this position shows up wrong. Explaining this way the possibility and necessity of application of this Law to politicians, especially the Mayor that as holder of public power, sometimes becomes more conducive to practice of acts of misconduct.