Ação de improbidade administrativa: Elementos da demanda, princípio da congruência e iura novit curia

Abstract

The administrative improbity action is traditionally known in society and in legal practice as the way to hold accountable the person who practices an act of administrative improbity, which, in theory, results in illicit enrichment, causes damage to the treasury and/or violates the principles of public administration. It so happens that administrative improbity processes have undergone a profound change by the Law 14.230/2021, and their civil legal nature has repercussions on the way in which the elements of the demand and the changes promoted by the newly arrived legislation with regard to the application of the principle of congruence and the aphorism iura novit curia should be interpreted. By means of the deductive method, the present research starts from the premise that it is possible to conform the content and the scope of these new procedural rules applicable to the punitive civil action governed by Law 8.429/1992 in favor of providing effective judicial protection.