A previsão do nepotismo como ato de improbidade administrativa instituída pela lei14.230/2021: breve análise acerca da atuação do Ministério Público à luz do princípio da moralidade administrativa

Abstract

The nepotism shows itself as a recurrent practice in the Brazilian sphere, revealing itselfas a perverse act and contrary to the public interest. Because ofthat, the present work is dedicated to the brief study of this behavior over time, analyzing the reasons that led the legislator to include the "nepotic act" as an act of administrative improbity that violates the principles of public administration, with the advent ofthe Law 14.230/2021, more specifically in article 11, XI, demonstrating the reasons that gave rise to the elaboration ofLaw 8.429/1992, as well as the main changes brought about by the implementation ofthe recent legislation. In addition, the current research is intended to highlight the negative effects ofnepotism on the country's administrative scope, emphasizing how such that practice violates the constitutional principles insured to public administration, especially the administrative morality. Indeed, was listed other legal and jurisprudential provisions opposed to this behavior. Furthermore, it seeks to observe the institutional role of the Public Prosecutor's Office, in relation to combating and monitoring nepotism as an unethical act, under Law 14.230/2021, verifying measures provided at the referred normative diploma inherent to the performance of the ministerial institution aimed at curbing this practice. Here, within the sanctioning scope of the referred law, was sought to evaluate about the legal novelty that instituted the requirement ofspecific intent as a subjective element necessary for the configuration of nepotism as an act of administrative improbity, considering possible negative consequences arising from that legislative innovation. The screen study was developed, therefore, in the light of bibliographical and jurisprudential research, with consequent analysis ofrelated legislation, as well as ministerial manifestations.