The applicability of the Administrative Improbity Law in relation to political agents

Abstract

The applicability of the Law No. 8.429/92 (Administrative Improbity Law) to the political players is not a pacific subject in the doctrine and court decisions. Some support that the political players are submitted to the Law No. 1.079/50, which defines the responsibility crimes, and, by that, the Administrative Improbity Law could not be applied concomitantly. Other understanding support the subjection of those agents to the rules of the Administrative Improbity Law, on account of this having juridical nature distinct from responsibility crimes, allowing it’s application. The present paper has as finality support the subjection of the political players to the Law No. 8.429/92, based on the full analysis of the doctrinal and jurisprudential understandings created around the subject, supporting, however, that the application of the sanctions contained at the Law must be limited to ascertained political players.