A prova nas ações de improbidade administrativa ajuizadas pelo Ministério Público Federal: estudo de casos decididos na Sede da Seção Judiciária de Alagoas entre 2016-2020

Abstract

The objective of the ressearch is analyze the valuation of evidence presented by the procedural parties in Actions of Administrative Misconduct, notably with regard to the frequency and effectiveness of each of the types of evidence observed in the analyzed processes. For that, lawsuits proposed by the Federal Prosecutor's were examined and judged between the years of 2016 and 2020, in the city of Maceió, by the Federal Court in Alagoas. The methodology applied is divided between the analysis of bibliographic material, through books, scientific articles and dissertations, and the quantitative research of a deductive method, carried out through the examination of 37 court cases. There is an extensive production of evidentiary documents, by the Federal Prosecutor's, through the Public Civil Inquiry, as well as its low performance in court. The distinctions between the procedural movements of the defendant and the plaintiff in the lawsuits are observed, as well as the differences related to the way of using the means of evidence in court. It ponders on the activity of valuing evidence and its use as na essential justifying element in substantiating court judgments. General considerations are outlined on the indispensability of documentary evidence in acquittal sentences, as well as in relation to its insufficiency in condemnation sentences.