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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)