A incidência da Lei 8.429/92 nos atos de improbidade e os pontos controvertidos dos Tribunais Superiores.

Abstract

The present work consists of verifying the effective enforcement of the Law 8.429/92 which qualifies the improbity acts made under the public administration and regulates its respective sanctions, stating the predominant doctrine views about the subject and seeking to bring up the majors understanding of jurisprudence and doctrine about the matter, in order to comprehend the way which said law is being applied by the Judiciary branch, and, furthermore, to emphasize the jurisprudence controversial points and the need to standardize this jurisprudence in name of public interest. The biggest trigger to those improbity acts is the habit, deeply rooted in the public administration, of the official to handle the public affair as it was private, confusing the public purse with personal property. The consequence, is the use of the public machine for their own benefit, resulting in unjust enrichment, in a source of jobs and favors to friends, relatives and fellow adapters, overbilling public works, misappropriation of public funds, bid rigging and all sorts of acts that compromise in a direct manner the quality of public administration, reaching, in particular, the citizens in situations of social vulnerability, which are the most needy of the public authorities’ assistance. Also, improbity acts undermine the public finances, shake political stability in all government spheres, discredit and revolt the population against politics and public managers. Therefore, this present work, employing techniques related to bibliographical, doctrine and jurisprudential research, aims to clarify and amplify the knowledge in relation to administrative improbity acts, with a current and broad view about improbity acts and adequacy for the corresponding sanction.