The Incrimination Of The Brazilian Public Manager Under The Administrative Improbity Law (Brazilian Law Nº 8.429/92)
Description
This scientific article studies the liability of public managers in Brazil for acts of administrative improbity, regardless of the existence of damage to the treasury. It aims to analyze the difficulty of the public manager to administer and meet the public interest within the limits of administrative probity, given the breadth of the provisions of the Administrative Improbity Law (Law no. 8.429/92), parallel to the various discussions and controversies of the superior court rulings, under the view of renowned authors such as Hely Lopes Meirelles, José Afonso da Silva, José Antonio Lisboa Neiva, and Mateus Bertoncini. The conclusion points to the real existence of a challenge for the public manager to understand the limits of administrative probity in Brazilian public management in the face of the abstraction of the administrative improbity law, which implies the need to relativize the extent of the provisions in order to provide greater legal security to the manager and, consequently, ensure greater freedom and efficiency of public management in Brazil.