STANDARDS DE PROVA NAS AÇÕES DE IMPROBIDADE ADMINISTRATIVA

Abstract

The present research aims to carry out an in-depth analysis of the standards of proof, their incidence and applicability in the Brazilian legal system, especially in administrative improbity actions. Therefore, at first, we tried to demonstrate its applicability to Brazilian law, based on exactly the same bases as foreign law, especially US law. Subsequently, the analysis of its incidence on the legal consequences arising from the practice of acts of administrative improbity was carried out, which, due to its eminently punitive nature, attracts the guarantees of a denser legal regime in which it is essential for the defendant to respect the guarantees criminal constitutional provisions, in particular the guarantee of the presumption of innocence. In the end, we sought to answer which standards of proof are applicable in the different convictions imposed as a result of the practice of an act of administrative improbity. Therefore, the present research is suitable for the area of concentration Justice, Process and Constitution of the Postgraduate Program in Procedural Law at the Federal University of Espírito Santo, when dealing with a topic that is highly relevant today in the study of evidentiary law.