As alterações promovidas na lei de improbidade administrativa: análise dos reflexos das alterações promovidas pela lei n°14.230/2021 na lei n° 8.429/92 sob a perspectiva do direito administrativo sancionador e a retroatividade da norma mais benéfica

Abstract

The validity of Law nº 14.230/2021 promoted relevant changes in the Administrative Improbity Law, even giving new contours to the main points of the Law No. 8.429/1992. This article aims to analyze the retroactive applicability, extent and effects of the legislative changes produced in the administrative misconduct law in the legal sphere of the individuals directly affected by the legal changes, under the prism of the constitutional premise of retroactivity of the most beneficial criminal law. Through the legal-dogmatic approach, this work developed a legal-projective research, seeking to demonstrate that the applicability of the later, more beneficial sanctioning rule is a guarantee of the sanctioning Administrative Law, proposing a systematized analysis with the other constitutional precepts, especially highlighting the principles of equality, legality, and reasonableness. To this finality, it is necessary to use the federal legislation that addresses the matter, the jurisprudence of the Federal Supreme Court and the Superior Court of Justice as primary data, as well as doctrinal research and consultation of articles as secondary data. In this way, we seek to prove that the retroaction of the most beneficial sanctioning law, in its minimal and average retroactivity aspects, is a fair and reasonable measure, in respect for constitutional principles. It can thus be concluded that, in the case of retroactivity of the most beneficial sanctioning rule, the legislative alterations produced in the administrative misconduct law by the effectiveness of Law no. 14. 230/2021 are applicable in actions in progress, even if the judgments were rendered when the previous law was in force but have not yet become final and unappealable, as well as in relation to situations in which, even if a final and unappealable judgment has already been rendered, the sanction has not been fully exhausted, but is still pending execution, and beneficial retroactivity does not apply only in cases where the perfect and consummated juridical act is verified.