(IN) APPLICABILITY OF THE ADMINISTRATIVE IMPROBITY LAW IN ILLICIT CONDUCT PRACTICED BY MINISTERS AND PRESIDENTS

Abstract

The purpose of this work is to expose the inapplicability of the Law of Administrative Improbity in the illicit conduct practiced by Ministers and Presidents, in addition, it aims to explain the historical context of the emergence of the Laws of Responsibility and Improbity, which occurred due to numerous immoral conducts in the public administration in brazil, that is, far from the regulatory principles for good public management, which are legality, impersonality, morality, publicity and efficiency. The research also makes a comparison between the Liability Laws 1079/1950, and Administrative Improbity number 8429/2021, in the same sense, from citations and jurisprudence the work illustrates, the scope of action, and the legal nature of these laws , with the objective of verifying the types of legal sanctions that may be applied to the aforementioned public agents in cases of illicit conduct, and differentiating the legal nature by portraying the civil character of the Administrative Improbity Law, which aims to reimburse the public purse, not only sanctions that imply the loss and suspension of political rights. And also to assist in this search for these mentioned approaches, the research also used a bibliographic review, as a research method, which had requirements for this research, having as regulators for the work the production of scientific articles in the Portuguese language. A 10-year time frame (2010-2020) was used as a requirement to search for articles included in the electronic database: Scientific Electronic Library Online - (SCIELO). The results obtained from this analysis, the hypothesis of the work is confirmed, because with the applicability of the two aforementioned laws to the same political agent, it will be considered bis in idem, that is, the simultaneous application of the laws to the same political agent, which is not allowed for the Brazilian legal system, although, currently, according to jurisprudence, it may be applied, from the public civil action, proposed by the public prosecutor, the reimbursement to the treasury for the same the individual being judged for a crime of responsibilities even if they are prescribed the penalties expressed in Law 8.429/1992, so the state coffers will not suffer great losses from these illicit conduct by Ministers and Presidents.