A ação de improbidade administrativa e o combate à corrupção

Abstract

The continuous search for power and superiority among men, since the dawn of civilization, gave rise to corruption, which may be punished in several ways, depending on which area of law it reaches. Corruption in Brazilian Public Administration was then called Administrative Misconduct and its repeated occurrence brought up the Law No. 8.429/1992, specific norm that typifies the illicit acts committed by public and third-party beneficiaries. The Law brings out the possible sanctions to be applied according to the judge deliberation. These penalties are imposed by Administrative Misconduct lawsuit. However, nowadays, this scenario of lawlessness, that dominated the country, brought the inevitability of thinking about the hardening of repressions originally taxed by law. The present paper, through the historical, doctrinal and jurisprudential study brings proposals of hardening the Misconduct Law and suggestions of preventive measures against corrupt practices. Presents itself, then, as a way to decrease the number of acts of misconduct and corruption, the increasing of accomplishment periods of sanctions established by Law No. 8.429/1992; the reduction of the number of commissioned positions in order to avoid favor exchanges in public service; as well as the establishment of a public financing system of election campaigns, or at least a mixed sample, including both receiving of public and private funds, whose spending must be limited.