A responsabilização dos agentes públicos pelo TCU: o direito administrativo do medo e o apagão das canetas à luz do art. 28 da LINDB

Abstract

This article addresses the public agent's fear of acting and the blackout of pens as a result of some excesses and dysfunctionalities that can be pointed out in the exercise of external control activity by the Federal Court of Accounts ­ TCU, especially in the exercise of sanctioning power, on the performance of the Public Administration. In this context, it will be evaluated whether the insertion of art. 28 in LINDB, according to which the public agent can only be held responsible if he acts with intent or gross error, has contributed to the improvement of the problems caused in public management due to the mentioned fear of acting by public agents. It is intended to reach this conclusion from the examination of some recent judgments of the TCU.