Improbidade administrativa e um estudo acerca da amplitude e subjetividade do art. 11 da Lei nº 8.429/1992: análise de um recorte jurisprudencial do Tribunal de Justiça de Santa Catarina

Abstract

Corruption and misconduct in public office, prevention and combat are constant objects of studies about Public Administration, considering the negative impact on the democratic order, public interests and public policies. There is not exactly a legal concept for acts of administrative improbity, but Law No. 8.429/92 – The Administrative Improbity Act – known as LIA, presents a typology so that its configuration can be identified, dividing them into: acts that imply illicit enrichment (art. 9); acts that cause damage to the Treasury (art. 10); and acts that violate the principles of Public Administration (art. 11). The present study is related to the research developed by the research project “Prevention and fight against corruption: the contribution of the systematization of data related to acts of administrative improbity in the jurisprudence of the Court of Justice of Santa Catarina (2015-2017)”, developed by SAPIENTIA – Research Group for the Study of Social and Organizational Transformations. The incidence of the LIA articles was identified, used as grounds for the initial petition of actions of misconduct in public office, with the objective of identifying which of them were more frequent, being the target including the innovations brought by Law No. 14.230/21, which made profound changes to the legal regime for acts of administrative improbity. The relevance of the research is justified by the fact that it corresponds to a period that preceded the Law No. 13.655/18, which included provisions on legal certainty and efficiency in the creation and application of public law in the Introduction to the Norms of Brazilian Act.