Controle jurisdicional da moralidade na administraÃÃo pÃblica pela prÃtica de atos de improbidade administrativa: perspectiva da eficiÃncia do regime jurÃdico instituÃdo pela lei 8.429/1992, designadamente face o advento da lei 10.628/2002, que disciplina o foro privilegiado para julgamento das aÃÃes de improbidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

Political corruption is a regular fact in the history of Brazilians institutions, affecting significantly the legitimacy of power; it must be understood as a reflection of an assemblage of historical and cultural factors that grants itâs specific function in the society. Therefore, the articulation of an efficient public policy in its repression requires an objective comprehension of the phenomenon that estimates the weight of both social and institutional conjectures. In Brazil, the State investigative system of honesty in Public Administration is organized based on the constitutional principle of âAdministration Moralityâ and itâs juridical tutorageâs main instrument is the Act 8.429/1992 â the Improbity Act, which instituted the corruptionâs judicial control for the practice of administrative improbity acts. This Actâs creation had, as a top aim, the viability of controlling honesty inside the actuation of public agents â those able to form the Stateâs superior will â the so called âPolitical Agentsâ, who are liable for political-administrative responsability. The application of the Improbity Act is fundamentally performed by the District Attorneyâs Office, who makes use of the Public Civil Inquiry and the Public Civil Action to charge upon the wicked political-administrative agents, administrative and civil sanctions, along with the fitting Criminal Action. The social repercussion of the Improbity Act has raised up many controversies in its interpretation, having the jurisprudence nowadays being positioned in the direction to lessen the harshness of itâs application, remarkably by recognizing, to the Defendantâs benefit, guarantees that resemble those from the Criminal Process, and by requiring Proportionality in the sanctionâs imposition. The solution given to some of these controversial questions threatens the efficiency of the Improbity Act, among them stands out the thesis, placed by the Act 10.628/2002, of extending to the improbity actions privileged Courts of Justice due to the prerogatives that Political Agents enjoy in the judgment of the common and responsibilityâs crimes

ASSUNTO(S)

administraÃÃo pÃblica - improbidade administrativa controle jurisdicional direito eficiÃncia do regime jurÃdico instituÃdo

ACESSO AO ARTIGO

Documentos Relacionados