Composition in the framework of administrative improbity

implementation in the public prosecution of Ceará

Authors

  • Leydomar Nunes Pereira

DOI:

https://doi.org/10.54275/raesmpce.v10i2.105

Keywords:

Administrative improbity, Composition, Agreement

Abstract

The purpose of this paper is to demonstrate the possibility of excep­tionally making an composition/Agreement in the area of Administrative Improbity, in spite of the prohibition expressed in § 1 of art. 17 of Law 8,429 / 93. It was considered that, due to the delays in the judgment of public civil actions by an act of impropriety, the public interest is impai­red, considering the absence of reimbursement to the Public Treasury of values misappropriated or appropriated illicitly. It was sought to make explicit that an agreement previously concluded (pre-procedural phase) or during the course of action (judicial), can constitute an effective tool and instrument, in cases of administrative improbity, so as to ensure a quick compensation of the damages caused to the public purse, thereby protecting the public interest. It was demonstrated that Paragraph 1 of art. 17 of Law 8,429 / 93 was implicitly revoked by art. 36, § 4 of Law No. 13.140/2015 (Law on Mediation). It was concluded that, in recent years, there has been a paradigm shift in the Brazilian legal system that favors the conflict-self-modeling model, with institutes for alternative conflict resolution within the multiport system (article 5, LXXVIII of the Federal Constitution of 1988, established the principle of celerity and reasonable duration of the process, Code of Civil Procedure, establishing new conciliatory benchmarks, guiding the instrumentalization of the process. In addition, it was verified the implementation of agreement in other Public Ministries of the States, proposing its implementation in the Cearense Public Ministry.

Author Biography

Leydomar Nunes Pereira

Mestre em Direito e Gestão de Conflitos pela UNIFOR. Especialista em Criminologia e Direito penal pela URCA. Especialista em Gestão e Direito Ambiental pela FACINTER. Promotor de Justiça da 1ª Promotoria de Iguatu/Ce.

Published

2018-12-14

How to Cite

Pereira, L. N. (2018). Composition in the framework of administrative improbity: implementation in the public prosecution of Ceará . ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 10(2), 61–75. https://doi.org/10.54275/raesmpce.v10i2.105

Issue

Section

Artigos Nacionais