Correlação entre demanda e sentença na ação de improbidade administrativa

Abstract

Administrative probity, in Brazil, is elevated to the category of a constitutional principle historically focused on the protection of administrative legality and morality. As a manifestation of the punitive power of the State in the judicial sphere, the administrative improbity action brings with it aspects of substantive law and guarantees specific to the Sanctioning Administrative Law, while submitting to the procedural norms provided for in Law 8.429/92, with the changes promoted by the Law 14.230/2021 and, alternatively, those provided for in the Code of Civil Procedure. The understanding of the objective and subjective elements that frame a conduct practiced by a public agent to one of the administrative improbity acts provided for by law and the consequent punishment to be applied to the defendant, through the establishment of premises of a material and procedural nature, allows move forward on the content and scope of the norms and procedural rules incident on this civil punitive action. In particular, after the legislative reform of 2021, with the introduction of devices that forbids the application of the aphorism of iura novit curia in administrative improbity actions. Therefore, we reflect on the weighting of procedural technical rules in favor of providing effective judicial protection.