A necessidade de demonstração do dolo específico nos processos administrativos disciplinares envolvendo a conduta de improbidade administrativa

Abstract

The Law 14.230/2021 introduced significant changes in the context of administrative misconduct, particularly regarding the subjective element of intent. It now requires specific intent for characterizing acts of administrative misconduct. This study aims to analyze the impact of these alterations on Administrative Disciplinary Proceedings (ADPs) investigating such acts. To achieve this goal, we delve into the crucial role of specific intent as an essential condition for sanctioning public officials involved in improper conduct. The work explores the concept and legal nature of administrative misconduct, emphasizing its independence across civil, criminal, and administrative spheres. Additionally, it thoroughly examines the element of specific intent, considering its implications in characterizing these acts. The study also addresses the legal guidelines and norms governing ADPs, highlighting references such as Law No. 8.112/90, Law No. 9.784/99, and the Law on Administrative Misconduct (Law No. 8.429/92). Finally, it underscores the imperative need to demonstrate specific intent in ADPs related to administrative misconduct, ensuring legality, legal certainty, and the effectiveness of applied sanctions. These analyses are crucial given recent legislative changes and the importance of upholding integrity in public administration.