A aplicação do direito administrativo sancionador na lei de improbidade administrativa - Lei Federal nº 8.429/92

Abstract

This article aims to analyze, based on legislation, doctrine and jurisprudence, the correct and necessary application of the Sanctioning Administrative Law in the provisions of the law of administrative impropriety in relation to the legal institutes in dubio pro societate and in dubio pro reo, as a way of containing the state punitive power, given the repressive nature of individual sanctions, inaugurated by the reform promoted by Law No. 14,230/2021 in Law No. of the Federal Constitution), retroactivity of the rule most beneficial to the defendant (article 5, item XL, of the Federal Constitution), due process of law (article 5, item LIV, of the Federal Constitution), ample defense and contradictory (article 5, item LV, of the Federal Constitution).