Parâmetros para a justa causa na ação de improbidade administrativa

Abstract

The research proposed in this master thesis aims to deepen the study about the just cause (or good cause) in administrative improbity lawsuit, in search of its concept, its theoretical assumptions, as well as the parameters for its configuration - as a requirement to justify the opening of the civil punitive prosecution, typical of administrative improbity lawsuits. The main objective is to achieve a fine balance between two legal vectors that must be harmonized: the defense of probity, on the one hand; and, on the other hand, due process of law, which is constitutionally guaranteed. The present study, in such a way, turns to investigate what are the legal components of the just cause in administrative improbity, understood, in a very synthetic way, as a previous judgment, linked to the concrete feasibility (and not merely probable) of the accusatory claim - of in order to prevent unfounded punitive actions from being filed. Thus, the accusatory claim could only be initiated, in the judicial phase, if certain requirements (objective and subjective) are present, with minimal probative support, which make up the notion of just cause. To reach this objective, the research intends to answer questions linked to two main pillars: (i) the inquiry about the theoretical and normative assumptions that underpin the just cause in administrative improbity lawsuit; as well as (ii) the inquiry about the elements that effectively compose the just cause in the administrative improbity, from there extracting its concept and the parameters for its practical application in the scope of the corresponding lawsuit. The study found that the requirement of just cause in the lawsuit of administrative improbity is a reflection of the regime of fundamental rights that inform the institute, and all parameters (objective and subjective) must be observed so that the punitive system of the administrative improbity lawsuit can act in accordance with the constitutional text and the Administrativa Improbity Law.