O republicanismo em face da nova lei de improbidade administrativa nº 14.230/21.

Abstract

The present work has as its main objective to examine the New Lawof AdministrativeImprobity nº 14.230/2021, what are the substantial changes inserted in front of LIAnº8.429/1992 and its repercussion in republicanism. And deepen the analysis of its complexmeaning, application and interpretation. The new law was sanctioned without vetoes, effectiveimmediately, since its publication on October 26, 2021, it has been the subject of debateinthelegal, political and in some social spheres, considering that it suppressed the type of culpableimprobity and gave emphasis on intentional impropriety, modified rules on prescription, inaddition to changing important procedural aspects. Normative criteria were also allocatedforthe adoption of punishment and the attribution of a civil nature. Therefore, the aforementioneddevices of the new LIA, as well as the non-retroactivity of the law, the sanctions, amongothers, are in line with republicanism, safeguard its constitutional principles, ensurethefundamental rights and guarantees, in particular those that deal with the interferenceoftheState on individual rights? What are the real impacts of the new legislation, what doestheFederal Supreme Court add, and in what ways can society and the legal environment benefitor not from these changes? Finally, it can be deduced that the Improbity Lawis insertedaspart of the Sanctioning Administrative Law. Furthermore, once the substantial transformationhas been demonstrated, it is up to an analysis based on the observance of legal certaintyandshowing that, first of all, the Legislation, as its effective application can be measuredwhenapplying irrefutably in cases where the basic principles of society and the DemocraticRuleofLaw feel shaken. Thus, this thesis proves to be materially in agreement with republicanvalues,in its greatest sense, the democratic one, and with the defense and constituted fundamentalrights. KEYWORDS: Administrative improbity. Sanctioning Administrative Law. Fundamental rights and guarantees. Democratic state.