Improbidade Administrativa E Retroatividade Benéfica. Anotações Críticas Sobre O Are 843989

One of the recent significant impacts on the Brazilian legal system occurred with the enactment of Law N. 14,230/2021, which promoted, to a great extent, changes in Law No. 8,429/1992, which regulates the liability of public officials for administative improbity. In view of such changes, the Federal Supreme Court, in a binding precedent (ARE 843989), assessed the incidence of beneficial retroactivity with regard to the exclusion of fault in the strict sense as a subject element for the characterization of the types of administrative improbity and the new discipline of limitation. The purpose of this text is to examine the reasoning employed by the Supreme Court to resolve the issue, discussing the legal nature of administrative improbity, the scope of the fundamental right provided for in Article 5, XL, of the 1988 Constitution, and on the application of the principles of criminal law to administrative sanctions. Not forgetting to mention the exam of legal certainty in the face of the statute of limitation

Political science · Academic Research in Diverse Fields · Brazilian Legal Issues