ADMINISTRATIVE IMPROBITY: A CRITICAL ANALYSIS OF AMENDMENTS BROUGHT BY LAW N. 14.230/2021

Abstract

The theme of this work seeks to make a critical analysis of the changes brought by Law n. 14.230/2021 (BRAZIL, 2021), that substantially changed the Administrative Improbity Law (LIA). The objective is to show that the changes arising from the new law were not beneficial neither for the State, nor for society, confronting, in many cases, public morality and exempting illegal conduct from some public agents. The following problem was investigated: to make a critical analysis of the amendment of Law n. 14.230/2021 (BRAZIL, 2021), seeking to show that the changes did not meet the public interest. He considered the following hypothesis: the changes in the Administrative Improbity Law were not beneficial to the public interest, considering that it substantially changed the punishment for some irregular acts caused by public agents to the detriment of the community, removing blame for the characterization of the acts. The objective is to show that the innovations brought by the law are not beneficial to the State, they do not serve the public interest, they violate public morality, as well as they were harmful to the effectiveness of punishment of incorrect conduct of public agents, exempting many irregular actions from application of punishments. This work is important for a legal practitioner because of its ability to raise questions about public morality, about administrative probity, a central theme for every public and private agent, very important for society, considering that they pays taxes and that managers must act with rectitude in dealing with public resources. This is bibliographic research, with a sample of data and studies on the subject, posted in books, journals and articles published in the year 2010 and between the years 2020 and 2021.