EFFECTS OF WITHDRAWAL OF THE GUILTY MODALITY OF THE ADMINISTRATIVE IMPROBITY LAW AFTER THE ADVENT OF LAW No. 14.230/2021

Abstract

This study aims to discuss the removal of the culpable element modality for the characterization of acts of administrative misconduct provided in Article 10 of Law 14.230/2021, providing for the extinction of the culpable modality of administrative misconduct, as possible by negligent, reckless or impermissible conduct of the agent that brought damage to the treasury. In this sense, the general objective was to analyze the effects of Law 230/2021 on public administration and how it affects the punishability of agents in relation to the removal of the culpable mode from article 10 of the Administrative Improbity Law. The methodology used was a qualitative bibliographic and documental research with a deductive approach, in sources and references doctrine manuals of Constitutional Law, Criminal Law, Administrative Law and Civil Law; academic theses for the purpose of obtaining master's and doctorate degrees; academic articles published in specialized journals; electronic sites of courts and internet articles of notorious and recognized legal content. The final considerations point out that even before the advent of Law No. 14.230/2021, the majority position was that the culpable modality of administrative improbity that in practice already had the mischaracterization of the wording of the original text referring to the Law No. 8.429/1992.