Banca de DEFESA: Raphael Rocha de Souza Maia

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Raphael Rocha de Souza Maia
DATE: 27/02/2023
TIME: 14:30
LOCAL: https://teams.microsoft.com/l/ meetup-join/19%3ameeting_ ZDQ4ZDI1MDctOTAyNy00MzkwLTk0OG QtOGEyMjM1NT
TITLE:

"The institutional dialogue between the Superior Court of Justice and the National Congresso: the caso of the newadministrative improbity law - Law nº 14.230/2021".

KEY WORDS:

Administrative Improbity. Institutional dialogue. Superior Court of Justice. National Congress.

PAGES: 165
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The 1988 Constitution gave great prominence to the control of the Public Administration and its agents, with a specific chapter detailing its organization. One of many ways to enforce compliance within this organization and its principles is the action of administrative improbity, regulated by Law 8.429/1992 and which, in its original wording, was silent on several essential aspects, such as the concept of administrative improbity and the proportionality of sanctions. As a result of this legislative omission, the action of administrative improbity ended up being used in the most diverse situations, even in the face of spurious situations. It was up to the Judiciary, notably the Superior Court of Justice, to shape the theme and its key elements, which was the target of severe criticism that denounced the negative consequences caused by the interpretation that the Judiciary gave to the theme. It was argued, in essence, that administrative impropriety had become a panacea for all the problems of Public Administration and that the jurisprudence did not observe the guarantees of the accused. Such criticisms were largely incorporated into Law 14.230/2021, which reformed Law 8.429/1992 and denied the jurisprudence. The present work is dedicated to the study of this change, that is, to the alteration, by means of law, of the jurisprudence, based on the theory of institutional dialogues, which advocates the interaction between the Judiciary and the Legislative for the definition of complex constitutional issues. It is intended to find out how the jurisprudence built during the validity of Law 8.429/1992 in its original wording influenced the interaction between the different powers and culminated in the new law of improbity and the explanatory potential of the theory, developed in a country with a distinct legal tradition, to situations that occur in Brazil.

BANKING MEMBERS:
Externo à Instituição - MARCOS LEITE GARCIA - UVI
Interno - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Externo à Instituição - LUIZ HENRIQUE URQUHART CADEMARTORI - UFSC
Interno - 321346 - MENELICK DE CARVALHO NETTO