A lei de Improbidade Administrativa enquanto instrumento de prevenção e enfrentamento à corrupção na Sociedade de Riscos brasileira.

Abstract

The dissertation has as its theme the Administrative Improbity Law as an instrument of control over the Public Administration in dealing with corruption. The delimitation of the object is related to the institutional cut provided by the Constitution of 1988 and to the dialogue that such legislation provides, guaranteeing fundamental rights. The guiding problem is the question of the normative appreciation and the incidence of the Administrative Improbity Law, in the Brazilian Risk Society and in the Contemporary Constitutionalism, as a tool to deal with corruption, based on a case study, referring to Superior Court of Justice’s precedent and its impact on the actions involving mayors, judged in the Court of Justice of the State of Rio Grande do Sul, a preponderant object of the empirical study. The general objective is to assess the adequacy of the normativity of the Administrative Improbity Law, mainly in its defense of the constitutional principles that form a Good Government. In the specific objectives, the constitutive aspects of Risk Society were examined, observing in which way corruption has been studied, and if these studies are coordinated with the constitution; after analyzing the institutional and socio-political history of Brazil, its democratic deficits were pointed out, necessitating the construction of a public ethics and morality, where citizens should be called to participate in public affairs, building the guidelines of the Society, State and Public Administration, establishing a Good Government; in the last part, the historical framework of the Administrative Improbity Law, its current scope and its autonomous normativity in the system were examined, being finalized in the jurisprudential research, using the method of case study. The criteria were fulfilled in the research tool of the website www.tj.rs.jus.br, in the Research Guide of Jurisprudence: from February 1, 2015 to December 30, 2017; Court: Court of Justice; Judging Body: All; Rapporteur/Editor: All; Type of Process: All; Class: Appeal; Legislative Reference: None; Region of Origin: None; Subject CNJ: None; Jurisprudence: None; Subject: None; Keywords: between quotation marks, Administrative Improbity, Public Civil Action and Mayor. It was adopted the scientific method of hypothetico-deductive approach, starting from premises that consubstantiate in the problem. The procedure method used was the monographic, serving as criteria for the action of construction of the studied content. We opted for the technique of bibliographic research, raising national and international research in the area. Corruption, along with inequality, is one of the main challenges to be faced in all spheres and relationships, public and private, although its harmful effects deepest the most unequal. The results of the research demonstrate that the Law of Administrative Improbity is an instrument of control adequate to the scenario of Contemporary Constitutionalism, especially when in the defense of the constitutional principles, being part of a State policy. Finally, it is criticized the institutionalized dogmatics, the restriction of the legitimized role to enter with the action in the Judiciary, and the impossibility of manifestation of amicus curiae, since it distances a foment to have a more robust social control on the Public Administration.