Possível comprometimento dos princípios da moralidade e eficiência com a alteração legislativa promovida pela Lei nº 14.230/2021 no artigo 11 da Lei de Improbidade Administrativa.

Abstract

This study analyzes the effects of the legislative amendment introduced by Law No. 14.230/2021 to the Administrative Improbity Law, particularly regarding the structural change of Article 11, which now contains an exhaustive list of acts considered to violate the principles of Public Administration. The research critically reflects on the compatibility of the new normative framework with the constitutional principles of morality and efficiency. As specific objectives, it examines the historical evolution of legislation on administrative improbity in Brazil, highlighting the consolidation of Law No. 8.429/1992, the normative content and significance of the principles of morality and efficiency—emphasizing their concrete application and constitutional relevance—and reports on the legal and practical impacts resulting from the exhaustive nature of the new Article 11. These include the narrowing of protections for administrative probity and the increased difficulty in holding public agents accountable for willful misconduct not expressly typified. The methodology is based on bibliograpThis study analyzes the effects of the legislative amendment introduced by Law No. 14.230/2021 to the Administrative Improbity Law, particularly regarding the structural change of Article 11, which now contains an exhaustive list of acts considered to violate the principles of Public Administration. The research critically reflects on the compatibility of the new normative framework with the constitutional principles of morality and efficiency. As specific objectives, it examines the historical evolution of legislation on administrative improbity in Brazil, highlighting the consolidation of Law No. 8.429/1992, the normative content and significance of the principles of morality and efficiency—emphasizing their concrete application and constitutional relevance—and reports on the legal and practical impacts resulting from the exhaustive nature of the new Article 11. These include the narrowing of protections for administrative probity and the increased difficulty in holding public agents accountable for willful misconduct not expressly typified. The methodology is based on bibliographic and documentary research, including analysis of legislation, specialized legal scholarship, and recent case law.hic and documentary research, including analysis of legislation, specialized legal scholarship, and recent case law.