Análise e aplicabilidade da nova Lei de Improbidade Administrativa

Abstract

The administrative impropriety law was reformed in 2021, bringing some important changes, for the application of penalties and sanctions, compared to the previous wording of Law nº 8.429/92. Among the various changes made to this new law, the one that draws the most attention is the exclusion of the guilt of public agents in cases that do not prove intent, that is, it is not appropriate to apply the LIA in cases of imprudence, malpractice and negligence. In view of this, Law nº 13.655/18, inserted 10 new articles in the Law of Introduction to the Rules of Law, thus bringing in article 28 of the referred Law something that clashes with the provisions of the New Law of Administrative Improbity. In this way, an analysis will be carried out on the concep-tualization of the LIA and the new changes that have been made to it, also bringing the insertion of article 28 in the LINDB, and its impacts on the Law of Administrative Improbity.