Análise do elemento subjetivo na caracterização do ato de improbidade nos termos da lei 14.230 de 2021

Abstract

The presente paper, shall focus on the analysis of the new bill 14.320, approved by congress, that treats about administrative dishonesty, the new text introduced a series of changes to the original text, so that this analysis is done we will introduce an array of concepts that make up for the bedrock of the public administration, given all the changes that happened to the bill, the paper shall limit itself to the changes that introduced the necessity that the agent acts with deceit, the need of will to cause harm that now is the only way so that there is the characterization of administrative dishonesty, following this we shall also analyze the cases that were extinct as a consequence of this new need, but were present with the original law, we shall coment how they acted, and some of the reasons why these control mechanisms were abandoned, and the reasons why congress imposed the necessity of the deceit. Given that analysis there will be analised if this text shall prove itself beneficial or not to the public administration, considering the point of view of the administrative agents, the public administration, and the society.