A aplicação da Lei de Improbidade Administrativa ao gestor público omisso no seu dever de controle

Abstract

This study presents an approach about administrative improbability as well as internal control, which is an important tool to combat misconduct within the Municipal Public Administration. Initially, the concept of administrative improbity is presented, in addition to highlighting some points of the Law of Administrative Improbity (Law nº 8.429 / 92), such as who are the active and passive subjects, as well as acts of impropriety foreseen in said law and applicable sanctions. With regard to internal control, an approach was taken regarding hierarchical power, as well as the objectives and prerogatives derived from it, moving on to the concept of internal control and control. Afterwards, brief notes were given on the reality of internal control in the Municipal Public Administration and an approach on the need to have an internal control in order to avoid administrative improbity. Finally, in order to achieve the general objective, three cases were tried by the Court of Justice of Paraná involving the application of the Administrative Improbity Law to public managers who were not involved in their duty of control, demonstrating the consequences of lack of supervision, reinforcing the need to implement an effective internal control system at the municipal level. It was concluded that such managers may be convicted if they do not carry out supervision, as long as it is their responsibility to control a certain agent or body. This is a descriptive research, through data collected through documentary and bibliographical research, in a qualitative approach.