A questão das sanções da Lei da improbidade administrativa : contribuições para procedimento e aplicação racional.

Abstract

This is a Master´s Degree Dissertation that agrees with the premise that Law cannot be dissociated from Moral and with the conclusion that leads to the path to rationalize moral values in the juridical atmosphere. In that way, constitutional jurisdiction attempts its objectives and legitimates itself upon social medium by using juridical argumentation´s methods, which must be particularly respected, in Brazil, in the sphere of the analysis of administrative improbity´s acts. At the same time, Constitution is not only the main juridical text of a given State, endowed with normative power and imperative norms, but represents, fundamentally, the great variety of mankind knowledge´s lines, as well as it is guided by a truly axiological sense. Based in that post-positivist context, this Master´s Degree Dissertation comments about the Administrative Improbity Law (Brazilian Federal Law nº 8.429/1992) by offering, initially, a general panorama of the above-mentioned law; soon after, it specifies the object of study with its species and penalties. Finally, this work shows study about the necessity to establish a procedure tending to investigate the real occurrence of an improbity act and, in that way, it is put forward another contribution, intending to rationalize the fixation of Administrative Improbity Law s sanctions, together with the application of Proportionality.