Os agentes políticos e a probidade administrativa: uma análise sobre a lei de improbidade administrativa e a lei de responsabilidade

Abstract

This study aims to provide a critical analysis about the thesis supported in a constitutional action (Rcl.nº 2138) before the Supreme Court which express that the Administrative Misconduct Act would not be fully applied to politicians who are prosecuted for responsibility crimes. To achieve this purpose, we start by the analysis of the legal nature of the acts of misconduct and responsibility crimes and its regulation in the Brazilian legal system. Next, we analyze the different spheres of responsibility with a view to ascertain whether there may be compatibility between the two liability systems. At the end, it was found that the claims of bis in idem and prerogative court by function, used to support the above thesis, has no legitimacy to justify total inapplicability of the law nº 8429/92 to politicians. Based on the foregoing, we conclude that there are great possibilities of a new understanding on the matter before the Supreme Court and propose the application of the law nº. 8429/92 with a few caveats about the political penalties.