A (ir)retroatividade da nova lei de improbidade administrativa e o direito administrativo sancionador : análise do tema 1.199 do Supremo Tribunal Federal

Abstract

This monograph is a doctrinal-jurisprudential study that, under the perspective of the Supreme Court’s General Repercussion Theme 1,199, aims to analyze the application of the principle of retroactivity of the most beneficial law within the microsystem of the Law of Administrative Improbity. That is, whether Law 14,230/2021 has retroactive application regarding the revocation of the negligent modality and intercurrent prescription. In this context, through jurisprudential, documentary, and bibliographic research, it is intended to establish premises regarding the application of such principle in the administrative scope as a corollary of Sanctioning Administrative Law and Criminal Law, based on the legal nature of the action and sanctions. Additionally, through the deductive method, the revocation of the negligent modality of Administrative Improbity and its possible retroactivity regarding pending and adjudicated cases is addressed, as it is the subject of the Supreme Court's pronouncement. Finally, as it is also the subject of the Theme, the introduction of intercurrent prescription by the new LIA, its legal nature, the possibility of retroactivity, and how the Ministers of the Supreme Court decided on it are analyzed, observing the practical implications of the decision. It was concluded, therefore, that the most beneficial norm could be retroactive in the context of Administrative Improbity, especially with regard to the revocation of the culpable modality and intercurrent prescription, although the relevance of the arguments raised to the contrary is recognized.