Aplicação da Lei n.º 14.230/2021 no tempo: limitações à retroatividade do novo sistema diante do direito fundamental difuso à probidade administrativa

Abstract

As a result of a long legal e political debates evolution, that date back to Imperial Era of Brazil, the Law n. 8.429/1992, innovating compared to its previous acts, was succeeded in instituting a robust normative system to combat administrative misconducts, classifying the acts according to the affected assets, and instituting the corresponding civil, political and administrative penalties. However, after almost thirty years of existence with no significative changes, the aforementioned normative act suffered a deep reform by the Law n. 14.230/2021, which, among other points, started to expressly link the prosecution for the act of administrative misconduct to the constitutional principles applicable to Sanctioning Administrative Law, including the retroactivity of the most beneficial rules. Therefore, with the present research, we seek to investigate the limits of retroactivity of the new normative act, from a perspective of the protection of administrative probity as a diffuse ownership fundamental right