A lei 14.230/21 sob a ótica do direito administrativo sancionador: análise da decisão do STF pela (ir)retroatividade no julgamento do tema 1.199

Abstract

In Brazilian territory, political corruption and its history marked by clandestinity and secrecy stimulates administrative improbity. This discussed the historical development of constitutional and legal apparatus that aim to curb legislative improbity in Brazil, as well as the main innovations brought by the Law 14.230/21, which modified original text contained in the Administrative Improbity Law (8.429/92). The aforementioned legal changes added that Sanctioning Administrative Law must be applied to the improbity system, in accordance with the article 1º, § 4º. Given such changes, I aimed to define the concept and contents of Sanctioning Administrative Law, as well as to discuss about its constitutional principles inside under the lens of punitive law. In addition, the legislative reform did not determine a transitional regime to guide the application of the new legal text to presently undergoing processes. Subsequently, the Brazilian Supreme Court, in the judgment of Theme 1,199 of the general repercussion, brought in the Extraordinary Appeal with Interlocutory Appeal 843.989, decided, that the new Law should be applied only in regard to culpable acts of administrative improbity practiced in the effective period. of the previous text of the law, but without final conviction. Given the context, this study sought to examine whether the said decision of the Federal Supreme Court, especially with regard to the possible retroactivity of the Improbity Law, is in accordance with the constitutional principles of Sanctioning Administrative Law. In the midst of this last investigation, I sought to present the main distinctions between the scopes of Sanctioning Administrative Law and Criminal Law. The present study was carried out through bibliographical and jurisprudential research for the examination of the judgment of Theme 1.199 of the general repercussion of the Brazilian Supreme Court, as well as of the Administrative Improbity Law, in the aforementioned terms.