A indisponibilidade de bens na ação de improbidade administrativa

Abstract

This monograph intended to analyze the measure of unavailability of assets, a tool used to safeguard the effectiveness of the final decision of the administrative misconduct process. Its nature and requirements were studied, based on the jurisprudence of the Superior Court of Justice in parallel with the current legislation and the draft law that is being processed in the Brazilian parliament. In final considerations, we note the misunderstanding in the interpretation of the law by the Superior Court, as it has set aside the technicality and the very nature of the evidence guardianship to state that the requirement of danger in delay, which is unnecessary in this mode of protection. Provisional, was implicit in the legal text. Furthermore, in view of the new legislation (Code of Civil Procedure 2015), there is a possibility that the unavailability of assets may be granted as provisional protection of evidence of a precautionary nature, without prejudice to due process, pursuant to article 311, clause IV of that article. Legal diploma and the defense of administrative morality and public property