A análise das leis 8.429/92 e 14.230/21 à luz da afirmação republicana

Abstract

The present work was written with the objective of making an analysis about the concept and the constituent elements of a republic and demonstrate how the laws 8.429/92 and 14.230/21 serve the goal of institutionalizing the guiding precepts of a truly republican state. To this end, a historical analysis was made about the evolution of the republican statement, as well as an overview of the presence of the theme in the various constitutions that have been in force in Brazil. Some elements that influenced the failure of the implementation of a truly republican state were pointed out, and how the 1988 Constitution represents a conceptual landmark that institutionalizes formal and material aspects related to the republican affirmation, which are manifested in the fundamental rights and guarantees set forth in the constitutional text. From there, we move on to the analysis of the institutes of control as ways to ensure the effectiveness of a republican state, giving special focus to the content of the Law of Administrative Improbity. In this context, it is concluded that the LIA, in the text that was in effect before the enactment of law 14.230/21, despite formalizing important aspects of the democratic-republican regimes related to the accountability of public agents, contained substantial flaws that removed its application from the field of guaranteeing basic rights related to the accountability of public agents, disrespecting principles. Finally, having made these observations, we sought to verify the role of law 14.230/21 in the effectiveness of a republican regime of accountability, under the perspective of the assurance of fundamental guarantees to public agents during the prosecution sedimented in the referred legislation, in face of the gravity of the measures imposed by it.