Os aspectos penais implementados à sistemática da improbidade administrativa a partir da lei n. 14.230/2021.

Abstract

This study deals with an analysis based on the new Law of Administrative Improbity, based on the forecasts contained in the principles expressed in the constitutional text and in the Criminal Law. With that, considering the modus operandi of the supervisory bodies, the problem of the research consists of the excesses that can be committed in this scenario. The purpose of the work is to show the possible impacts when the public administrator is afraid of a future penalty due to the Sanctioning Administrative Law. The methodology used in this work stems from bibliographical studies and research carried out in the legislation of Administrative Law, Constitutional Law and Criminal Law, having as approach methods: the inductive and the dialectical. In addition, doctrines, laws, judgments, and decisions of the Federal Court of Auditors were used to support the research. With that, based on the data found and confronting them with the reality of public administrators, it is verified the need for freedom of decision for public administrators to achieve the public interest, which must, obligatorily, respect reasonableness and other values expressed in the constitutional text, without being restricted to the Administrative Law of Fear and the blackout of pens. Therefore, with the need to prove the specific intent in the conduct of agents, as opposed to the previous method, it will be possible to detect new ways of deciding.