28
2018
IDP receives a visit from experts in Administrative Improbity
The IDP Administrative Improbity Research Group held a debate on May 4th, at the institution's headquarters, with the presence of the group's coordinator, Professor Rafael Araripe Carneiro, the Minister of the Superior Court of Justice Napoleão Nunes Maia Filho, in addition to the Legal Consultant for the National Confederation of Municipalities (CNM), Dr. Joanni Henrichs.
Professor Rafael Araripe Carneiro opened the event by presenting the group's objective of consolidating empirical data on administrative improbity actions. The professor highlighted that Law no. 8,429/92 is an important tool in combating serious practices against the Public Administration, but in recent years criticism has increased about the excessive use of improbity actions against formal failures or minor irregularities. Thus, the professor highlighted the need to gather objective elements about administrative improbity, whose great repercussion in the electoral sphere reinforces its importance.
Next, Joanni Henrichs, CNM Legal Consultant, presented the partial results of the research prepared based on the questions formulated by the IDP group. Preliminary data indicate that the largest number of misconduct actions against mayors involve the principles of public administration (46.5%), while cases of illicit enrichment represent only 8.8%. The preliminary research also shows that 21.6% of misconduct actions against mayors involve less than 10 thousand reais and 22% are in the range between 10 thousand and 50 thousand reais. The research also indicates that 42% of the cases that reached the Superior Courts had their judgments modified and that 72% of the mayors interviewed stated that the actions of improbity have a high or medium impact on the implementation of municipal public policies.
Minister Napoleão Nunes Maia Filho congratulated the group for choosing the current and controversial topic, and highlighted the need to obtain empirical data to understand the state of the art of administrative improbity. The Minister also presented judgments from the First Section of the STJ which, in his opinion, indicate a distortion of the concept of improbity, which should only be used to repress acts of dishonesty and bad faith.
Those interested in joining the group should write to the following email: parca.tulio@gmail.com.