LEGAL, POLITICAL AND SOCIAL REFLECTIONS OF THE AMENDMENTS PROMOTED BY LAW 14.230/2021

Abstract

Law No. 14,230/2021 made significant changes to the Administrative Improbity Law (Law No. 8,429/1992), as a result, it had major impacts in the legal, political and social areas. This article analyzes the main changes in the Misconduct Law and its sanctioning effectiveness, in addition to demonstrating the consequences of these changes, the losses resulting from the mitigation of sanctions, as well as the incidence of possible impunity. Those contained in articles 9, 10 and 11 of Law 8429/92 are considered improbable conduct. The aforementioned Law deals with the ways in which these conducts can be presented, providing for applicable civil sanctions for each type of administrative improbity. It is essential to highlight that the impacts referred to in the aforementioned amendments will have consequences not only in the legal field, but will also make the incidence of dishonest conduct more frequent. These conducts will possibly trigger considerable damage to the Public Administration, since with the advent of Law 14.230/21, several acts were excluded from the field of illegality, as a result of the changes promoted by the new provisions of the Administrative Improbity Law. In this article, the legal, political and social consequences caused by the changes in question will be analyzed, demonstrating the damage that the changes entail, through bibliographical, descriptive, qualitative and exploratory research.