A improbidade administrativa como instituto jurídico político de combate à corrupção e a matiz decisional dos juízos de direito da comarca de Crato-CE nos casos de combate às patologias corruptivas : a construção de políticas públicas de combate efetivo à corrupção.

Abstract

The present thesis it is proposed to investigate the action of administrative dishonesty as instrument of combat to the corruptive pathologies, analyzing specifically its effectiveness in a field of study previously delimited in time and space at the Juridical District of Crato – Ceará, in the past five years. For such purpose, firstly will be investigated the origins of dishonesty, searching its genesis since the shaping of the Modern State itself. That is why it threw lights over different visions about the shaping of it. At first will be approach the Belic theories that comprehend the State as fruit of followed wars. Then it will be approach the classical theories of the social contract, clearly preferred by jurists, at the same time that study the beginning of the Administrative Law and its strict relation with the fundamental rights. Of this comparison will be observed that the dishonesty has more roots in the shaping of the State, related to the level that presents in each society to the constitution of a parallel system of rights, called Parallel Administration. Then will be made a theoretical approach at the institute of administrative dishonesty, dissecting its origins in the Brazilian Law, until the actual Constitution and its respective regulation; the multiple juridical nature; the necessary requirement to its configuration: passive subject, active subject, damage and subjective element; the types instituted by law; the main characteristics of the Process Law reference to the action of administrative dishonesty, with the respective procedure. At this step, will be investigated the theoretical of comprehend the action of administrative dishonesty as a public politic of control of the corruptive pathologies. Therefore, will be presented the essential elements to the understanding of what it is public politics, focusing primarily at the theoretical possibility of the actuation admission of the Juridical Power at the shaping and execution of the public politics, where it will be exposed the firm comprehension from the academy in the meaning of not admitting. Maximum, according to the authorized opinions cited at the work, will be possible the control of the public politics by the Juridical Power, but no in its execution. Will be left open, however, the possibility of establishing public politics of efficacy control in the Juridical Power acts. However, will be necessary analyze the collected dates in field The result of this analyzes will establish the proof that, at least, in the field of the studied object, its high the level of inefficacy actuation of the Juridical Power, intermediating the action of the Juridical Power in the dishonesty combat. From this analyzes we will conclude by the urgent necessity of the creation of public politics that controls the actuation of the Juridical Power in the dishonesty combat, mainly intermediated by the enlargement of the popular participation at the role of the actives legitimated to purpose this action, well as the creation of the external control of Juridical Power, by ways that obligate his members to render accounts of his actions, justifying always, what takes unreasonable time to deliver the juridical provision who is obligated at. It is an important way of democratize the process.