A lei no 14.230/2021 e seus impactos na responsabilização por improbidade administrativa: uma análise sobre o dolo e prescrição

Abstract

This study critically examines the reforms introduced by Law No. 14.230/2021 to the Administrative Improbity Law (Law No. 8.429/1992), focusing on the requirement of specific intent (dolo específico) and the new rules on prescription. This qualitative and bibliographic-documentary research investigates whether such changes represent progress in terms of legal certainty and the protection of public agents' guarantees, or whether they constitute a setback that weakens the fight against corruption. The analysis concludes that the reform produced a paradigmatic shift by raising the evidentiary threshold and strengthening a more guarantees-oriented model. Although it promotes greater proportionality and protection against unfounded accusations, the new framework imposes a significant evidentiary burden on oversight bodies, potentially leading to under-accountability. The effectiveness of the system will depend on the institutional capacity to produce robust evidence of subjective intent, balancing the necessary punishment of intentional misconduct with the protection of individual guarantees in a Democratic Rule of Law.