ADMINISTRATIVE AND CIVIL LIABILITY OF LEGAL ENTITIES FOR ACTS AGAINST THE PUBLIC ADMINISTRATION

Abstract

The administrator is not responsible for the illegal acts of other administrators, unless he colludes with them, neglects to discover them or, upon being aware of them, fails to act to prevent their practice. With the promulgation of Law nº 12,846, of August 1, 2013, those who carry out, against the public administration, acts seeking their own benefit or that of third parties, will be held civilly and administratively responsible. The aforementioned legal diploma seeks to inhibit acts that violate the principles of public administration (legality, impersonality, morality, publicity and efficiency), by holding its agents accountable. Despite the rigor of the aforementioned legislation, the press has frequently reported major scandals against the interests of the administration. This article aims to highlight the importance of the Anti-Corruption Law and, in this vein, address the accountability of administrative directors, violation of the duty of diligence, harmful acts against public administration, which sanctions can be applied, among others.