EVIDENTIARY DIFFICULTIES AFTER THE REQUIREMENT OF SPECIFIC INTENT IN CASES OF ADMINISTRATIVE MISCONDUCT

Abstract

This study aims to analyze the evidentiary difficulties arising from the requirement of specific intent introduced by Law No. 14.230/2021 in the Law on Administrative Impropriety, examining its practical, doctrinal, and jurisprudential implications for the accountability of public agents. Given this context, the following research problem arises: what are the main evidentiary difficulties arising from the requirement of specific intent introduced by Law No. 14.230/2021, and how does this legislative change impact the effectiveness of accountability for acts of administrative impropriety? To this end, an integrative literature review methodology was adopted, selecting scientific articles published between 2020 and 2025, in Portuguese, that address the topic from different doctrinal and jurisprudential perspectives. The analysis of the studies showed that the requirement of specific intent represents a significant change in the legal regime of administrative misconduct, raising the evidentiary standard necessary for holding public officials accountable. It was found that proving qualified intent is one of the main challenges faced by oversight bodies, often characterized as difficult to demonstrate due to its subjective nature. On the other hand, the requirement of specific intent was also pointed out as an advance in reinforcing fundamental guarantees, avoiding liability based on negligence or mere administrative irregularity. It is concluded that, although the reform has promoted greater technical rigor and legal certainty, it has also imposed significant challenges to the effectiveness of the fight against corruption.