As Implicações da Lei n.º 13.655/18 na aplicação da Lei de Improbidade Administrativa

Abstract

On April 25, 2018, arising from Bill No. 7.448/2017, the Law No. 13.655/18 was enacted, including provisions on legal certainty and efficiency in the creation and application of public law in the Law of Introduction to Brazilian Law Norms (LIBLN). Before the Bill was sanctioned, however, the Federal Public Prosecution Office (FPPO) referred to the Presidency of the Republic the Joint Technical Note No. 01/2018, in which it expressed its deep concern about the changes that the new Law would bring to the Brazilian legal system, especially with regard to combating administrative improbity. In the face of such legal controversy, this paper proposes to establish the scope and repercussion of Law No. 13.655/18 in public administration, as well as its possible effects on Law No. 8.429/92. Although there is not a vast production on the new Law, the present work based its study on authors consecrated in the branch of Administrative Law to understand the institute of administrative improbity as well as the functions of the Public Prosecution Service. Specifically with regard to Bill 7.448/2017, both the opinions of the Constitution and Justice Committees of the Federal Senate and the Chamber of Deputies were analyzed, as well as the Joint Technical Note No. 01/2018 of the FPPO, in order to find a consensus in the face of counter arguments. Through this study, it was possible to verify that the Presidency of the Republic, by partially vetoing the Bill, withdrew some provisions that could bring about controversy, although it also left open space for discussions among legal operators, as in the case of article 28, caput, which was added to LIBLN. Finally, it is clarified that it is not sought to close the matter through the present work, but to open space for a well-founded discussion about the innovations brought by Law 13655/18.