A aplicabilidade da lei de improbidade administrativa aos agentes políticos

Abstract

This thesis aims to study the laws dealing with the Administrative Misconduct and Crimes of Responsibility, drawing a parallel between the mentioned devices. About the Law 8429/92, will be presented a brief history of the issue in Brazilian legislation, in addition to explaining concepts such as the definition of the subject and of the acts of misconduct. About crimes of responsibility, the devices that will be discussed regram matter, these being the Law 1079/50 and Decree-Law 201/67, in addition to penalties, giving particular emphasis to the impeachment process. It also aims, based on the analysis of the doctrine and jurisprudence relating to the matter, discuss their applicability to politicians, making a critical decision regarding the complaint DF-2138, by the Supreme Court that has the inapplicability of the law of Impropriety politicians to the detriment of the Law of Crimes of Responsibility agents, besides other precedents that illustrate the theme. The research will bibliographical and documentary. With regard to the first, queries are made to the specialized books and academic papers on the subject, such as articles (scientific and journalistic), theses and dissertations. Already on the second, will be addressed jurisprudence on the subject covered, and consultations will be made to the Constitution and the legal provisions on the subject, as the Law 8,429 / 92 and Law 1079/50.