A “nova” Lei de Improbidade Administrativa: eficácia retroativa das normas benéficas e os seus limites

Abstract

The Administrative Improbity Law, which will turn 30th in 2022, has emerged in recent years as an important instrument for repressing corruption and dishonesty in dealing with the public thing. However, due to the normalization of excesses and injustices in the midst of misconduct actions, the Legislator, through Law n. 14,230 of October 25, 2021, undertook profound changes in the legislation, which culminated in what has been called the "new" Administrative Impropriety Law. The present work sought to examine the main changes in Law n. 8,429/92, as well as the possible (i)retroactivity of the most beneficial prescription. For that, initially, it analyzed the basic concepts and historical premises that permeate the action of administrative misconduct. Then, it examined the historical legislative changes suffered by Law n. 8,429/92, with special focus on those carried out under Law No. 14,230/21. Finally, it analyzed the retroactivity’s historic and its application in the action of improbity in relation to the beneficial norms recently included in the Law. It concludes that the new favorable material norms provided in Law n. 14.230 / 21 applies retroactively, except as related to the ordinary or intercurrent statute of limitations, in relation to which a retroactive application is limited to ongoing processes.