Standards of proof in administrative misconduct
Name: RUBIA MAFORT CLEMENTINO SILVA
Publication date: 26/05/2025
Examining board:
Name |
Role |
|---|---|
| BECLAUTE OLIVEIRA SILVA | Examinador Externo |
| MARCELO ABELHA RODRIGUES | Presidente |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
Summary: This dissertation deals with the standards of proof in administrative misconduct, that is, it addresses which evidentiary sufficiency should guide the actions of the parties and the judicial decision-making on the factual statements in the context of the administrative misconduct act. The research sought to understand the origin, evolution and controversies surrounding administrative misconduct, especially how its ambiguous nature influences the definition of the standard of proof. Based on the objective conception of evidence and evidentiary inferences, we sought to clarify the degree of evidentiary sufficiency necessary for provisional relief of unavailability of assets and removal from office, employment or function, as well as the legal consequences of suspension of political rights, loss of public office, civil fine, prohibition of contracting with the government, receipt of tax incentives, ineligibility, invalidation of the act and reimbursement to the treasury, evaluating which standard is applicable to the hypotheses.
