SOCIAL PENALTY IN SANCTIONING ADMINISTRATIVE LAW

Abstract

This study deals with the Social Penalty by society in cases of Administrative Improbity, even before a complaint has been filed or the case to be investigated has become final. Constitutionally, it is impossible, in any type of accusation, for an individual to be penalized by means of a sentence before the final judgment of a case, according to article 5, item LVII, of the Federal Constitution, which provides: “no one will be considered guilty until the final final judgment of the criminal sentence”. However, it is almost impossible to exercise legality control over sentences imposed by society on those prosecuted, reported or even investigated for crimes of Administrative Improbity. These cases of convictions in cases still in the investigation phase, however, what is seen are condemnations by society even before the final judgment of a case, where these penalties put the personal, professional and public life of a Public Agent into discredit.