Banca de QUALIFICAÇÃO: Caroline Maria Vieira Lacerda

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Caroline Maria Vieira Lacerda
DATE: 01/08/2023
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTRjMTQ1NzEtZGQ3ZS00MDdiLTgzYTMtMzU5MTdhNmRiN
TITLE:

"ELECTORAL REFLECTIONS OF THE NEW ADMINISTRATIVE IMPROBITY LAW: analysis of the changes promoted by Law 14.230/2021 in the Brazilian electoral legal regime".

KEY WORDS:

Administrative Improbity, Electoral Law.

PAGES: 265
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The genesis and historical evolution of Administrative Law resulted both in a normativity marked by the ideas of partiality and inequality, and in a tendency to escape the rigidity of forms and legal restrictions on the decision-making freedom of Administration. Constructed by these two contradictory vectors (authority and freedom), administrative dogmatics reflects this ambiguous character in several of its institutes and in the fragility of its theoretical structure. Such contradictions converged to the crisis of the paradigms of Administrative Law. The rejection of this state of affairs and the permeability of Administrative Law by Constitutional Law led to the proposal for the reconstruction of Administrative Law, through a philosophical, teleological and normative review of its institutes, in an attempt to transition from authoritarianism to democracy. Among the recent regulatory changes, the amendment of the Administrative Improbity Law - LIA (Law 8.429 of June 2, 1992) by Law 14.230, October 25, 2021 stands out. was the object of criticism, due to its broad legal concepts, its severe punishments and its departure from the constitutional principle of legal certainty. In this context, it is essential to identify the changes promoted by the new legal text to define how the developments of the matter will behave, especially in the electoral sphere, since convictions for administrative impropriety generate different effects in this area, either by applying the penalty of suspension of political rights, or in cases of ineligibility resulting from conviction for administrative impropriety. Electoral matters do not dispense with stability, since turbulences in its scope tarnish fundamental political rights and democracy, which are pillars of the Democratic State of Law. In this way, instabilities in this area can be more harmful than in other branches of law, so that, in its work, the Electoral Justice must intend to be a catalyst for legal security, in the protection of democratic values.

COMMITTEE MEMBERS:
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Presidente - 1151990 - MAMEDE SAID MAIA FILHO
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Externa à Instituição - MARILDA DE PAULA SILVEIRA - IDP
Externa à Instituição - ROBERTA MAIA GRESTA - UFMG