Da aplicação do princípio da paridade de armas na ação de improbidade administrativa com o advento da Lei 14.230/21: a relação entre o direito administrativo sancionador e o dirigismo constitucional na realização do Estado democrático de direito

Abstract

The object of the present work is about the possibility of applying the principle of parity of arms to the action of administrative misconduct, considering the changes made to its system with the advent of Law 14.230/21, whose effects are still debated in the most varied fields of law. The research is carried out taking into account the analysis of the relationship between sanctioning administrative law, whose constitutional principles had their application recognized in the system of administrative misconduct by law 14.230/21, and constitutional dirigism, derived from the idea of being the Federal Constitution of 1988 a leading constitution, in the realization of the fundamental constitutional principle of the Democratic State of Law, which defines the political regime chosen by the Constitution. Specifically, it intends to investigate the following questions: i.Analyze the constitutional discipline of the administrative misconduct action and how it was treated by Law 14.230/21; ii. Examine the grounds, purpose and how the application of the principle of parity of arms in the administrative misconduct action can be faced; iii.Demonstrate fundamentals of the relationship between Sanctioning Administrative Law and constitutional dirigism; iv.Describe the relevance of the applying of parity of arms, according to the logical construction of the relationship between Sanctioning Administrative Law and constitutional dirigism in the context of administrative misconduct. The research methodology that will be developed is based on the empirical-dialectical method, under the understanding of human behavior in intersubjective interference. The research carried out will be qualitative, exploratory and descriptive in nature, within a dogmatic approach to the guiding questions, based on an empirical-dialectical method, in which bibliographic and documentary research techniques will be used, in order to cover different points point of view on the topic.