O princípio da insignificância nas ações de improbidade administrativa: uma análise a partir das alterações promovidas pela Lei nº 14.230/2021

Abstract

The present work has the general objective of investigating the possibility of applying the principle of insignificance, derived from Criminal Law, to Law nº 8.429/92, better known as the law of administrative improbity, based on the global interpretation of the national legal system and the recent updates of the LIA, originated by Law nº 14.230/21. The specific objectives are to understand and recognize the legal nature of the sanctioning law, in the criminal, administrative and administrative improbity areas and its relationship with the possibility of applying the principle of insignificance in the latter sphere, as well as to demonstrate the legality of articles 11, § 4 and 12, §5 recently added to this legislation. To reach them, this work used a hypotheticaldeductive approach and bibliographical and documentary research, consulting relevant legislation, specialized doctrine and judicial decisions. In the end, the research concluded that the law of administrative improbity has its own legal regime, with a sanctioning nature, and that it is possible to apply the principle of insignificance to conduct considered improper according to specific legislation, when it does not significantly affect the good protected by Law nº 8.429/92 and, therefore, the material typicality is absent, based on the national legal system, on the current law, on the doctrine and on the jurisprudence. Finally, he clarified that the jurisprudence on these cases is still deficient, but is constantly evolving to accept this understanding and that, through the changes brought in the text of Law No. insignificance, which has to be validated.