LEGAL CERTAINTY AND ACCOUNTABILITY OF PUBLIC OFFICIALS AFTER ARTICLE 28 OF THE LINDB: FOUNDATIONS AND IMPACTS ON PUBLIC PROCUREMENT

Abstract

This article analyzes the regime of subjective liability of public officials introduced by Article 28 of the Law of Introduction to the Rules of Brazilian Law (LINDB), as amended by Law No. 13.655/2018. The study examines the conceptual foundations of intent (dolo), gross error, and grave fault, as well as the jurisprudential construction promoted especially by the Federal Court of Accounts and the interpretation given by the Supreme Federal Court regarding the constitutional compatibility of the provision. It also considers the application of Article 28 in the context of public procurement and administrative contracts, highlighting the distinction between the liability regime of the public official and that of the private contractor. Finally, it discusses the relationship between the provision and the promotion of legal certainty in Public Administration, emphasizing the interpretative challenges arising from the conceptual indeterminacy of gross error and the need for jurisprudential consolidation to ensure a balance between oversight and administrative efficiency.