Aplicabilidade do processo administrativo na Lei 12.846/2013 (anticorrupção)

Abstract

The Federal Constitution of 1988 guaranteed everyone the right to petition the Public Authorities and the possibility of contradictory and ample defense in the judicial and administrative proceedings. It is in the latter that Law 12.846 / 2013 (the result of international pressure on the fight against corruption) contains provisions on the possibility for the public entity to objectively administratively hold legal entities that commit infringing acts directly related to fraud in the service public. That said, the present study analyzed the applicability of administrative procedural provisions, investigating their constitutionality and efficiency. In addition, it sought other anti corruption and procedural laws in order to apply analogously and concluded what would be necessary to regulate. Finally, it presented a critical view of the Brazilian administrative process that has not yet materialized at the levels desired by the Constitution, especially related to due legal process, the contradictory, the broad defense, democratic participation in the administrative function and the fight against corruption.