MODIFICATIONS OF THE LAW OF ADMINISTRATIVE IMPROBITY

Abstract

The law, ultimately, demands to ensure the exercise of citizenship, configuring antijuridicity to violate its principles, on the pretext of realizing administrative probity. In fact, the law is constituted by norms of conduct generated by an appreciation in the face of the facts verified in the social context. One of the most ceded principles of administrative law is the preponderance of the interests of civil society, personified in the State, over the interests of the individual. However, the Constitution, a matrix in which all legal segments lay their roots, emphatically guarantees individual rights and guarantees. It is not a question of hyperbole that administrative law operationalizes constitutionality. It therefore regulates the actions not only of citizenship, but also of the State itself. Despite the celeuma, the recent changes in Law No. 8,429 of June 2, 1992, are an initiative to bring, to the Sanctioning Administrative Law, the guarantees citizens already secularized in criminal law, of which they are not exclusive. This approach is relevant, especially in relation to art. 10 of the aforementioned diploma, using the magisterium contained in the essay "The damage to the Hermitage as a requirement for the configuration of the act of improbity of Art. 10 of Law No. 8.429/92", of the mining of the jurist Raphael de Matos Cardoso.