ADMINISTRATIVE SANCTIONING LAW WITH A FOCUS ON THE PRINCIPLE OF NE BIS IN IDEM.

Hana Ferber Corezzi Ferrer Pinheiro

ABSTRACT: The purpose of this work is to discuss administrative sanctioning law, which can be understood as the exercise of the State’s power to punish. This topic concerns public law, and has long been discussed by doctrine and international jurisprudence. Currently, in view of the changes perpetrated by Law 14,230/2021, which significantly altered the Administrative Improbity Law, this issue has gained strength in the Brazilian legal system. The big debate to be debated is the possible application of the rights and guarantees of criminal law to this aspect of administrative law, especially the principle of ne bis in idem. To this end, a comparative analysis of this institute will be carried out in foreign law and in Brazil, with an emphasis on the positions adopted by National and International Courts.

Keywords: Administrative Law; Sanction. Ne bis in idem.