A necessidade de comprovação de dolo específico na ação de improbidade

Abstract

As shown throughout this study, the changes introduced by Law No. 14,230, of October 25, 2021, in the Administrative Improbity Law, notably the need to prove willful conduct, consisting of the free and conscious will to achieve the unlawful result, are worthy of applause, as the public agent will have more peace of mind to exercise his public functions, since there will be no more penalties for administrative acts committed with negligence or with generic intent. Therefore, if there is no evidence that the public agent or the private individual in collaboration practiced conduct aimed at injuring the public coffers, there is no need to speak of an act of administrative impropriety, as it used to be. As stated in this brief study, omissive and commissive acts resulting from divergent interpretation of the law, based on precedents, do not constitute administrative impropriety either, even if this position is later removed by the Superior Courts, not least because the assumption of free and conscious will to achieve the illicit result, for the configuration of the improbable act.