Das garantias constitucionais e o enquadramento de condutas praticadas pelos agentes públicos no artigo 11 da Lei de Improbidade Administrativa

Abstract

This work deals with the practice of administrative improbity for Public Administration principles violation, described on the article 11 of Law 8.429/92, and the difficulty of establishing the correct framework of conduct on that article, as well as the application of the respective sanctions, due to its open type. Currently, there is a clear distortion in the imputation of this legal type, because due to its generic description, it was possible to file lawsuits for unjustified administrative impropriety, as well as for undue condemnations, both based on non-Republican interests, in clear dissonance with the legislator's objectives and disregard for constitutional guarantees. In view of this context of legal uncertainty and, in particular, the potential seriousness of the sanctions contained in the Administrative Improbity Law, through the analysis of the exposed problem, there were proposals of solutions that aim at a consistent interpretation of the device in question, in order to that is appropriate to the material paradigms of the constitutional text, fundamentally legal security