FROM UNILATERALITY TO CONSENSUALITY IN ADMINISTRATIVE IMPROBITY

Abstract

This study addresses the changes in the Administrative Improbity Law and their implications, with an emphasis on the principle of morality and the analysis of the new ownership of the improbity action by the Public Ministry. It focuses on the alterations related to the civil non-prosecution agreement (ANPC) and the appropriate moments for its celebration, as established by the new legislation. The research problem was the following question: what are the impacts of the changes made by Law 14.230/21 on the Administrative Improbity Law that affect public administration in Brazil, with an emphasis on the principle of morality and the new responsibility of the Public Ministry in improbity actions? The general objective was to evaluate the implications of the modifications introduced by Law 14.230/21 in the Administrative Improbity Law (Law 8.429/92) with a focus on the principles of public administration and the effectiveness of the legislation in promoting administrative morality. The methodology was a literature review and qualitative studies. It is noted that the changes in the Administrative Improbity Law by Law 14.230/21 significantly affect public administration, especially in morality. Continuous monitoring and a careful analysis of the practical effects of these modifications are recommended to ensure that they effectively contribute to increasing transparency, accountability, and integrity in the public sector.