A pena de suspensão dos direitos políticos por improbidade administrativa e a constituição

Abstract

This paper aims at understanding the meaning of the term "improbidade administrativa” ("administrative improbity", somehow similar to misconduct in public office in common law) in Brazilian Constitution, in order to criticize its legislative and jurisprudential application, especially with regard to the sanctions imposed by Federal Law n. 8429/92. The history of the expression in Brazilian republican constitutional culture, and the methods of legal and constitutional interpretation, lead us to conclude that "administrative improbity", in the constitutional sense, does not include any and all wrongdoings committed by the public officer, but only the acts marked by malice, disloyalty and immoral affront to the republican principle. Just these acts, subjected to an especially strong ethical-political reproach, can attract the sanction of suspension of political rights, which Constitution reserves to acts of improbity.