ADMINISTRATIVE IMPROPRIETY BASED ON NEPOTISM: LIMITS OF CONFIGURATION IN THE JURISPRUDENCE OF THE SUPREME COURT

Abstract

The present work addresses the intersection between administrative misconduct and nepotism in the Brazilian political and administrative context. Considering the recurrence of the theme and its ethical, moral, and legal implications, the research aims to understand the essential elements for the configuration of this irregularity and the parameters established by the jurisprudence of the Supreme Federal Court (STF) for its recognition. The main objective is to contribute to the academic and legal debate about nepotism and its relationship with administrative misconduct. The aim is to provide insights into this issue, delineating the limits and guidelines established by the highest court in the country, in order to enrich the theoretical and practical framework of Administrative Law in Brazil. To achieve these objectives, the bibliographic method was chosen. This choice is justified by the need to theoretically and methodologically support the work through the systematic analysis of materials selected from various sources, providing different perspectives on the subject. The study is divided into three parts. The first deals with the conceptualization, classification, and normative configuration of administrative misconduct; next, the definition and characterization of nepotism, along with different aspects, emphasizing the essential requirements for configuration. Finally, the STF jurisprudence related to nepotism as a basis for administrative misconduct and its impact on Public Administration, as well as identifying its exceptions. The analysis of the effectiveness of Binding Precedent No. 13 in combating nepotism reveals complex challenges in the Brazilian context. Rooted in the family structure since colonial times, nepotism persists, challenging eradication efforts. Although binding precedents were introduced to bring legal certainty, the application of BP 13 faces contradictions and diverse interpretations. The absence of specific criminal typification for nepotism in public administration highlights the need to strengthen constitutional principles. In light of this, the effectiveness of BP 13 is questionable, suggesting the urgency of careful review and a renewed commitment to ethics and democracy to make significant progress on this issue.