English version. Original in Portuguese
Intent in administrative improbity: the Federal Supreme Court and the return of general intent
Seminar “Administrative Improbity in a New Scenario: What Changed after the Federal Supreme Court Ruling” (Migalhas)
Subject and topics
Central subject. Places the Improbity Law within administrative sanctioning law and examines how the Federal Supreme Court has interpreted the 2021 reform (Law 14,230/2021) regarding intent: the Superior Court of Justice settled the requirement of specific intent, while recent Supreme Court decisions revive the term general intent. He argues that the label matters less than the individualization of the conduct and the correlation between the subjective element and the sanctioned offense.
Secondary topics
- legal nature of the Improbity Law
- the Federal Supreme Court and the reform of Law 14,230/2021
- the concept of intent and the multiple speeds of sanctioning law
- illegality, legally tolerable error and improbity
- the unconstitutionality of negligent improbity declared by the Federal Supreme Court
- audience questions: dismissal for lack of intent and the criminal case; intent and manifest illegality
Other speakers
Thaís Marçal (seminar coordinator); Milena Sales (moderator)
On the same topic
Negligence-based liability in improbity: abolition by Law 14,230/2021 and unconstitutionality before the Federal Supreme CourtLecture · 12 Mar 2026The Federal Supreme Court and the statute of limitations in improbity: what are the limits of precautionary relief?Press article · 25 Sep 202525 years of administrative sanctioning law: announcement of the inaugural lectureLecture · 27 Aug 2025Administrative sanctioning law, improbity, and the right to understanding in the age of AILecture · 27 Aug 2025The Consolidation of Administrative Sanctioning Law in BrazilPress article · 21 Mar 2025