Conceito penal de funcionário público diante da terceirização na administração pública: uma análise comparativa entre o direito penal angolano e o direito penal brasileiro

Abstract

This dissertation critically analyzes the delimitation of the penal concept of public official in the Angolan legal system, focusing on Article 376 of the Penal Code, in a context marked by the expansion of Public Administration and the increasing outsourcing of public services. The central problem is to verify whether such transformations authorize the broadening of the penal concept of public official or whether this interpretation violates the principle of legality in criminal law. It starts from the hypothesis that the automatic equation of workers of private entities with the figure of public official is not legitimate without the presence of objective legal criteria, especially the ownership of a qualified extra-penal legal duty. The research adopts a dogmatic and analytical methodology, based on the systematic interpretation of the Angolan legal system, the examination of specialized doctrine, with emphasis on the theory of Raquel Lima Scalcon, and the analysis of comparative law, especially with the Brazilian legal system, in addition to the application of the criteria to the specific case of TAAG. It is concluded that crimes against the Public Administration should be understood as crimes of breach of duty, in which authorship is defined by the legal-functional position of the agent, and not by control of the act. Thus, outsourcing does not, in itself, authorize the expansion of the penal concept of public official, requiring a restrictive interpretation, compatible with the principle of penal legality and legal certainty.