CORRELATION BETWEEN DEMAND AND SENTENCE IN ADMINISTRATIVE IMPROBITY ACTION
Name: MARIANA FERNANDES BELIQUI
Publication date: 01/09/2023
Examining board:
Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Advisor |
Summary: Administrative probity, in Brazil, is elevated to the category of a constitutional principlehistorically focused on the protection of administrative legality and morality. As amanifestation of the punitive power of the State in the judicial sphere, the administrativeimprobity action brings with it aspects of substantive law and guarantees specific to theSanctioning Administrative Law, while submitting to the procedural norms provided for inLaw 8.429/92, with the changes promoted by the Law 14.230/2021 and, alternatively, thoseprovided for in the Code of Civil Procedure. The understanding of the objective andsubjective elements that frame a conduct practiced by a public agent to one of theadministrative improbity acts provided for by law and the consequent punishment to beapplied to the defendant, through the establishment of premises of a material and proceduralnature, allows move forward on the content and scope of the norms and procedural rulesincident on this civil punitive action. In particular, after the legislative reform of 2021, withthe introduction of devices that forbids the application of the aphorism of iura novit curia inadministrative improbity actions. Therefore, we reflect on the weighting of proceduraltechnical rules in favor of providing effective judicial protection.
Keywords: Civil procedure. Sanctioning Administrative Law. Administrative improbity.Elements of demand. Correlation between demand and decision.
