Improbidade administrativa - aspectos materiais, dimensão difusa e coisa julgada

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This present paper aims to develop an academic research intended to identify the rules concerning the res judicata that applies to the administrative misconduct suit, governed by Law no. 8.429/92. The research proves indispensable in view of the Administrative Misconduct Laws omission to provide for the matter, since it contains rules related only to material law, whereby it classifies, identifies and stipulates punishments for malfeasances, having also approached some procedural and proceeding aspects, though failing to expressly provide for rules designed for the res judicata, thus leaving room for interpretation to be developed and also for questions to be raised as to what set of rules concerning the res judicata the administrative misconduct suit must be subject to, that is, if to those stipulated by the Brazilian Code of Civil Procedure, designed for the legal actions of individual nature, or to the other, outlined by the micro-system of collective procedural law consisting of the set of rules contained in the Citizen Suit (Law no. 4.717/65), in the Class Action Law (Law no. 7.347/85) and in the Consumer Defense Code (Law no. 8.078/90). Aiming at obtaining a thoughtful conclusion on the matter, one has adopted, as theoretical-methodological criterion, the analysis of the several aspects involving the very essence, both legal and material, of administrative conducts, beginning by their legal classification in Brazils former constitutions until the issuance of 1988 Constitution and the enactment of Law no. 8.429/92, to conclude that the principle of administrative probity is found amongst the general public interests and to assert, underpinned by the majority scholarly writing, the collective nature of the administrative misconduct suit, which must be ruled by the principles and concepts governing the micro-system of collective procedural law, that brings specific rules for the treatment of the res judicata. In order to give grounds to the conclusions, one has developed a brief study on the res judicata within the individual actions, by approaching the major theories that underpin and define this legal concept in order to, subsequently, analyze the aspects of the collective res judicata and the application thereof to the administrative misconduct suit. Therefore, as concerns the results obtained, besides other conclusions connected with the matter, one demonstrates the possibility of application of the legal rules regarding the res judicata provided for in the micro-system of the collective process of the administration misconduct suit, all the consequences thereof duly considered

ASSUNTO(S)

interesses difusos res judicata improbidade administrativa -- leis e legislacao -- brasil coisa julgada administrative misconduct general public interests brasil [lei n. 8.429 de 2 de junho de 1992] direito

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