A aplicabilidade das leis de improbidade administrativa e dos crimes de responsabilidade aos agentes políticos.

Abstract

This research is the correct legal application to the Improbity Administrative Law and the Crimes of Responsibility, having the political agents as active subjects. Improbity administrative is the act committed by public servants, in the exercise of its administrative function, which goes against the principles of Public Administration and is governed by Law nr. 8.429/1992. Crime of Responsibility is the criminal act committed by a political agent, in the exercise of their political function and is subject to the rules of Law nr. 1,079/1950. The constitutional principle of bis in idem describes that can not be applied two or more penalties, of the same nature, for one just act. The Federal Supreme Court (STF) supports the implementation of the Improbity Administrative Law for the public servants and Responsibility Crimes to political agents, in addition to court for prerogative function, essential to the exercise of political function, removing the cumulative application of booth law of political agents with justification the principle of bis in idem. Higher Court of Justice (STJ) upholds the position that the political agents can be prosecuted and judged by both Laws and that they should not have jurisdiction by prerogative function, and processing and trial in trial court. The objective of the research is to analyze the case as an enforcer of laws and principles, with a positioning itself on the subject and demonstrate the need for a uniformity jurisprudential in the higher courts. To achieve the objectives, will use the deductive method of scientific approach, with na analysis of laws, doctrine and other laws.