THE Intercession of Criminal Law in Laws 8.429/1992 and 14.230/2021

the requirement of dolus as element of administrative improbity

Abstract

In this research, the objective is to provide some considerations about the relationship between criminal law and administrative law with regard to administrative improbity. Law nº 14.230/2021 amended Law nº. 8.429/1992 and eliminated the culpable form of improbable conduct, currently, the element of intent is required for the act of improbity to be recognized, factors that will be analyzed through the view of the doctrine penalist as well as administrative. For this purpose, qualitative, documentary, exploratory, descriptive research is used, with a hypothetical-deductive method. This study arises from the need to understand the institute of intent and how criminal law can help the Public Administration in the identification and punishment of acts of improbity. The investigation is limited to the studies of data referring to civil convictions for acts of administrative improbity and ineligibility, as well as the comparison of reports in periods before and after the incidence of Law nº 14.230/2021. In view of the research carried out, it was possible to identify high numbers of convictions for administrative improbity, the presence of subjectivity and abstraction in the decisions rendered due to the absence of exhaustive typification of inflationary conducts and, therefore, the injury of the principle of typicality arising from Criminal Law. Finally, with the requirement of willful misconduct in the conduct of public agents for the configuration of improbity, there was, presumptuously, a State movement to distance itself from Objective Responsibility.