A aplicabilidade da Lei de Improbidade Administrativa ao ato de assédio moral cometido no âmbito da Administração Pública: levantamento e análise da jurisprudência brasileira

Abstract

This study aims to study the existence of moral harassment in the public service, analyzing based on Brazilian jurisprudence how this act occurs in the scope of Public Administration and which public agents that practice most certain acts, in order to verify the possible applicability of the Law of n 8,429 / 92, called the Administrative Improbability Act, to public agents who commit the act of moral harassment in the exercise of their public functions. The purpose of this study is to present the main objective of the Administrative Improbity Law and, based on this recognition, to demonstrate that physical harassment when committed in the public service, as well as undermining the psychic integrity of the victim, violates the principles of Public Administration, in which the conduct of the public agent must be based. In addition, the purpose of this study is to analyze the damage that the public purse may suffer as a result of this harassing conduct, when perpetrated by its agents and the existence of Brazilian legislation that typifies the act of moral harassment. For this, the research will use the bibliographic and inductive method, searching in the doctrine, jurisprudence, Brazilian legislations and scientific articles, bibliographic support for the development of the present study.