NEW PARADIGMS IN THE CHARACTERIZATION OF THE ACT OF ADMINISTRATIVE MISCONDUCT FROM LAW NO. 14,230/21

Abstract

On October 26, 2021, Law No. 14,230 was promulgated, bringing extensive changes to Law No. 8,429/92 – the Administrative Improbity Law. The magnitude of these modifications can be gauged by the fact that, while not repealing the previous law, Law No. 14,230/21 is commonly referred to as the "New Administrative Improbity Law." This article specifically addresses these changes, aiming to analyze the new paradigms established for characterizing acts of improbity, focusing particularly on the examination of the requirement for the presence of the subjective element in defining such acts. To achieve this, a methodology of descriptive and qualitative bibliographic research was employed, delving into doctrinal works, jurisprudence, and, most importantly, the normative changes brought about by the Administrative Improbity Law. In conclusion, given the diversity of the alterations, there are both advancements and setbacks to note. However, in an overall assessment, the novel legislation has ushered in a revision of the probity protection we have long needed, with the exclusive aim of sanctioning dishonest public agents.