A influência da lei de introdução às normas do direito brasileiro enquanto diploma de filtragem constitucional à lei de improbidade administrativa

Abstract

Law 13,655 of 2018 made changes to the Law of Introduction to the Rules of Law Brasileiro (LINDB), adding to art. 28 the requirement of willful misconduct or gross error to accountability of public officials for their opinions or technical decisions. So, the new wording given to art. 28, of LINDB is one of the biggest controversies of the changes brought by Law 13.655/2018. In addition to the changes brought by the aforementioned law, Law 14.230/21 made changes to the LIA, excluding the culpable modality provided for in art. 10, which arises surrounded by discussions about a possible unconstitutionality. In this sense, the Law of Administrative improbity stands out in the face of these legislative innovations of the Law 13,655 of 2018, as well as Law 14,230 of 2021. Thus, the Misconduct law Administrative Court instituted the figure of presumed damage, thus not fitting light guilt on the concept of gross error, pointing out, of course, a supposed incompatibility of LINDB, amended in 2018, with the Misconduct Law. Based on this supposed incompatibility, the The present research focuses on the study of the following subjects: in the first topic, the administrative improbity, subdivided into historical concept, Law 8.429/92, and nature of the aforementioned Law; and, Law 14,230 of 2021; in the second topic, the Law of Introduction to the Brazilian Law Norms, subdivided into constitutional filtering, and filtering Constitution carried out by LINDB, and finally, in the last topic, the reflexes of the new wording of art. 28 of LINDB to art. 10 of the Administrative Improbity Law