A recuperação de ativos pela Procuradoria-Geral da União em casos de atos lesivos à Administração Pública: orientação normativa para a atuação de entes da União, Distrito Federal, Estados e Municípios

Abstract

The scope of this paper is to investigate the recovery of assets by the Federal Attorney General's Office in cases of acts harmful to the Public Administration, as a normative guideline for the actions of Union, Federal District, State and Municipal entities, by applying the precepts presented symmetrically. From the perspective of the methodological approach adopted for the research, the recovery of assets in cases of acts harmful to the State is examined, based on §§ 4 and 5 of article 37 of the Federal Constitution, which provide for administrative sanctioning (acts of administrative improbity and acts against the Public Administration provided for in Law nº 12.846/2013) and civil indemnity (reimbursement to the treasury), with the study falling into the administrative and civil legal categories. To this end, the general objective of the research is to examine the recovery of assets by the Attorney General's Office in cases of acts harmful to public assets, from the perspective of Democratic Constitutionalism and the fundamental rights to good public administration and the protection of the treasury, with the systematization of a model applicable by symmetry to other political entities. Developed using the monographic method, the research methodology is conducted using a qualitative and dialectical approach. In terms of its nature, this is an applied study, the aim of which is to improve the recovery of assets resulting from acts harmful to the Public Administration. In terms of objectives, the study is based on descriptive research, with a presentation of the relevant legal institutes and a dogmatic and pragmatic analysis of the proposed theme. The procedures used in the investigation are bibliographical and documentary research, guided by the bibliographical review of books, articles and periodicals and the collection of public data. In the development of the research, the foundations, the normative framework, the process of asset recovery in cases of acts harmful to the treasury, the specificities of the Union and the performance of the Attorney General's Office were exposed, with the presentation of data from the annual reports of proactive action of the National Attorney General's Office of Public Assets and Probity for the years 2020, 2021 and 2022. After the study, it was concluded that it is possible to systematize the matter based on the actions of the Federal Attorney General's Office, through application by symmetry to other political entities, and that the effective recovery of assets in cases of acts harmful to the Public Administration, within the scope of the Democratic Constitutional State, is essential for the effectiveness of the fundamental right to the protection of public assets, elevated to the status of a fundamental good. Finally, it became clear that the asset recovery process encounters various legal, technical and operational difficulties, requiring action focused on their causes and possible solutions, such as the specialization of action, the rationalization and selectivity of collection, the expansion of research banks, the management and processing of collected data, the strategic management of debtors and the training of the technical staff responsible for collection.