Mitigação dos efeitos da independência das instâncias penal e administrativa à luz do art. 21, § 4, da Lei de Improbidade Administrativa

Abstract

This monographic research seeks the issue of the plurality of sanctioning regimes that apply to the same fact. The Brazilian doctrine and jurisprudence, due to the attachment to the mantra of independence between the instances, do not face the theme with due depth. Therefore and initially, this research seeks to understand the phenomenon of multiple state sanctions by analyzing the introduction of article 21, paragraph 4 in the Administrative Improbity Law, which now provides that administrative offenses of improbity may also benefit from proof of inexistence of authorship or conduct identified in the criminal sphere when there is a decision confirmed by a collegiate in the criminal sphere. Finally, it intends to analyze whether the state, by sanctioning the same fact more than once, violates the ne bis in idem principle