THE PUBLIC SERVER AND ADMINISTRATIVE PROBITY

Abstract

The Public Power has been promoting changes in legislation aimed at curbing harmful conduct practiced by agents, which cause damage to the treasury and violate the principles of public administration. Given this context, this article aimed to answer the following guiding question: What changes were introduced in the Administrative Improbity Law in relation to intent? Therefore, the objective of this article is to identify the changes applied to the new Administrative Improbity Law, focusing on the issue of intent. Thus, to respond to the objectives of the study and the problem pointed out, it was decided to carry out a bibliographic research based on theoretical foundations of authors, administrative and civil law books, in addition to the analysis of the commented Administrative Improbity Law. It was intended to analyze the importance and political-legal character of Public Administration, to point out the characteristics of Law 8.429/1992; define the crime of administrative improbity and demonstrate the innovations brought by Law 14.230/2021. The results indicated, the changes applied to the new Administrative Improbity Law, focusing on the issue of intent, showing that the new law determined the specification of intent in the crime of administrative improbity, being interpreted as a factor of bad faith in the exercise of function, removing the notion of imprudence, negligence and gross errors. Under this legal view, the exclusion of the culpable modality is analyzed, maintaining the intentional modality, establishing that the axis of the law is to avoid corruption, gain through illicit and improper means. Therefore, questions of guilt regarding agents who perform their function poorly do not fit into this area, although they can be punished in another sphere. The legislator's intention was to create a specific intent for the disreputable public agent who acts trying to obtain benefits at the expense of illegal actions. So, it is understood that currently this characterization logically separates the negligent and reckless agent from the corrupt and disloyal agent. The innovations brought by Law 14.230/2021, was especially the specification of the notion of intent, determining only the existence of the intentional modality for crimes of administrative improbity, starting from the notion of punishment to the illicit will of public agents.