Retroatividade da nova lei de improbidade administrativa na perspectiva da tese em repercussão geral nº843.989: aplicação da Lei 14.230/2021 sobre processos em curso

Abstract

Law no. 14.230/21 gave new contours to the institute of administrative misconduct, profoundly modifying the provision sof Lawno.8.429/92.This study aim stoverify the scope of application of the constitutional guarantee of retroactivity of the most beneficial law, in view of the requirement of the subjective element of intent and the elimination of the negligent modality inact sof administrative misconduct. In order to obtain results and answers related to the issues presented in this study, the bibliographic-explanatory research methodology will be used. Several doctrinal sources that deal with the topic, as well as legislation and jurisprudence, notably the thesis established in a general repercussion case (Theme 1.199) by the Brazilian Supreme Court, will be analyzed. In this sense, the objective is to demonstrate that the retroactivity of the new Law on Administrative Misconduct to past cases is anessential measure to guarantee fundamental rights and constitutional principles.