O DIREITO COLETIVO À PROBIDADE ADMINISTRATIVA: ANÁLISE DA LEI N. 14.230/2021 SOB O ENFOQUE DA TEORIA DA LEGISLAÇÃO

Abstract

The present study aims to analyze part of the legislative arguments that culminated in Law no. 14.230/2021, as well as evaluating the rationality of some of its provisions, based on Manuel Atienza's Theory of Legislation. For this purpose, bibliographical and documentary research was used, seeking to understand and reflect on the impacts of the new law on guaranteeing the constitutional and collective right to administrative probity. In this context, an imbalance can be observed between what was developed in the parliamentary arguments and the approved legal text. Although there is discussion that the old Administrative Improbity Law promoted numerous “unfair” convictions, there are concerns about the effectiveness of the new changes in holding public agents for committing acts that harm the public interest.