A (in)constitucionalidade da aplicação da prerrogativa de função às ações de improbidade administrativa

Abstract

This work examines the controversy related to the application of the privilege of office to public agents on trial for acts of administrative misconduct. It discusses the sanctioning character of the Pubic Agents Misconduct Act, addressing the controversy about the legal nature of the penalties within the Act. It approaches the issue of jurisdiction for putting on trial the actions of administrative misconduct. It analyzes the main doctrinal and jurisprudential theories that advocate expanding the hypothesis for the privilege, in order to – thereafter - oppose them to diverging opinions from Superior Courts and renowned jurists. It concludes that it remains unfeasible, under a practical point of view, as well as inadmissible on a legal point of view, extending the privilege to the actions of administrative misconduct.