Banca de DEFESA: Ana Luisa Vogado de Oliveira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Ana Luisa Vogado de Oliveira
DATE: 22/07/2022
TIME: 16:00
LOCAL: https://meet.google.com/qcc-vvei-dbt
TITLE:

THE IMPACTS OF THE CHANGES ON THE MISCONDUCT IN PUBLIC OFFICE SYSTEM CAUSED BY LAW 14.230/21 AND THE LAWFULNESS OF THE UNINTENTIONAL ACT: LEGAL SECURITY OR IMPAIRMENT OF THE FIGHT AGAINST CORRUPTION?

KEY WORDS:

Misconduct in Public Office. Fault. Intent. Law n. 14.230. Punitive Administrative Law.

PAGES: 225
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This paper approaches the amendments to the Law on Misconduct in Public Office brought by Law N. 14,230, dated October 25th, 2021, and the impact it has had on the liability framework, elaborating on the debate arising from its enactment, which would lead to the weakening of the fight against corruption in Brazil, due to the removal of the definition of acts committed unintentionally. A study is conducted on the reasons for amending the legal norm previously in force, considering the context of loopholes, legal insecurity and state discretion experienced after the triggering of anticorruption task forces and operations in recent past decades. In addition, the study comprises the intention of the legislature for characterizing the liability system for misconduct in public office, as well as its placement as a part of Punitive Administrative Law, which borrows parameters and criteria that are typical of Criminal Law for interpreting the norm. After assessing the requirements for establishing misconduct in public office (intent and bad faith) and the purposes of sanctions, as well as the need to observe proportionality and mitigation of discretion risks generated by the pluralism of the State, analysis is made on whether the so-called "new Law on Misconduct in Public Office – new LMPO" would decrease the fight against corruption or whether, in fact, it would assure greater legal security for public officers. It should be concluded, upon case law research, that convictions previously rendered due to the practice of unintentional wrongful acts are inexpressive in this liability system and could be more appropriately punished with other manners, such as the action for restitution to the treasury and the Special Rendering of Accounts. Thus, the removal of the enforceable provision for the faulty act does not have the power, by itself, to weaken the punishment of corruption. Furthermore, it should be highlighted that Government may take relevant steps with the adoption of other mechanisms to tackle corruption, such as the adoption of internal governance programs in their scopes.

BANKING MEMBERS:
Externo à Instituição - SEBASTIÃO BOTTO DE BARROS TOJAL - USP
Presidente - 2170701 - FREDERICO HENRIQUE VIEGAS DE LIMA
Interno - 1012528 - JOAO COSTA RIBEIRO NETO
Externo à Instituição - THIAGO LUÍS SANTOS SOMBRA - USP