Aplicabilidade da lei de improbidade administrativa aos agentes políticos

Abstract

This work is limited to the examination of the thesis that reduces the administrative act of misconduct committed by the political agent in a crime of responsibility, in order to focus the power to his trial in the Supreme Court. To this end, it is started by the legal nature of the acts of misconduct and crimes of responsibility coupled with analysis of the different spheres of responsibility in the Brazilian legal system with the aim of verifying whether there is compatibility between the two liability regimes. The research involved a literature character study, which examined in depth the scientific literature on the subject, including books and journal articles, as well as research on the jurisprudence of the Superior Courts around the theme, with emphasis on constitutional actions (ADI No 2.797 and Rcl. No 2.138) that outlined the jurisprudential aspect of the matter. It was found that to prosper the understanding that the Law of misconduct does not apply to politicians unreasonably, its social efficacy is reduced, giving an anti-isonomic treatment to the matter. Based on the foregoing, it is proposed in this work a novel understanding of the matter, with the major aim of giving it reasonableness and well-defined contours to its application, consecrating its social effectiveness.