Atos de improbidade administrativa e dano efetivo ao erário: uma análise à luz do art. 10 da Lei de Improbidade Administrativa (LEI N. 8.429/92)

Abstract

This paper proposes an analysis of Art. 10 of Law No. 8,429/92, whose main objective is based on the effective and proven damage to the fundry resulting from unproven conduct. Thus, it is emphasized that the Law of Administrative Improbity was thought at the time when society was based on ethical values in the conduct of public administration, becoming indispensable, because it aimed to punish harmful acts of those who paid attention to both the principles and the public office. To this end, at first, the study under this moment was concerned with addressing the explicit principles listed in the caput of art. 37, of the Federal Constitution of 1988, punctuating the relevance of these with regard to guiding the activities of administrators in order to ensure a good management of public administration, aiming at the proper management of resources and in the management of public business. We also define the taxable and active persons of the actions of improbity. Next, we explore the wording text of Article 10 of the LIA, as a whole, in which one can extract the concept of the word Purse and the difference in public property, the legal nature of the sanctions, as well as the species of sanctions as a coercive medium provided in the article itself together with Art. 37, § 4,CF, and the requirements for the configuration of the wicked act. Finally, we outline the main changes in the Law of Administrative Improbity, due to the recent reform of its legal text, as well as the impact on Art. 10, including the exclusion of the subjective element guilt, the prescription of the claim to seek the recomposition of the funder and, at the end of the reasoning, we explain the fragility of the institute of the effectiveness of reimbursement to the fundry. For the preparation of this article, the bibliographic research technique was adopted, in which we explain the problem from doctrinal and scientific references, also using jurisprudential and legislative analysis.