The new law of administrative misconduct: a useful instrument for combating corruption?

Jhonatan Rolliann Chaves Fernandes²

ABSTRACT

The administrative improbity action is the procedural instrument that aims to apply sanctions to public agents

or third parties who practice acts of administrative improbity. With the new law, proof of specific intent by the

public manager in committing the act is required. The act of administrative improbity will only be typified in

cases where the intention of the public agent to commit the illegality with the purpose of causing damage to

public property, to favor himself or third parties is proven. With law 14,230/21, one of the main legal provisions

to combat corruption, law 8,429/92, was modifi ed. This change requires that specific intent be required in all

cases to set up improbity. The change does not punish the incompetent public agent, but the dishonest one.

And this change brought differences between scholars and part of the judiciary, this article shows some points

of change and the political context for this.

Keywords: improbity. Corruption. Constitution