O conflito de interesses como ato de improbidade administrativa

Abstract

The present thesis aims at analyzing the regulatory treatment of the conflict of interests as an act of administrative improbity, for the specific purpose of Article 37, Paragraph 4, of the 1988’s Brazilian Constitution. The requirement for a systematic discipline on conflict of interests within the sphere of corruption prevention and enforcement actions emerges with the Inter-American Convention Against Corruption (Decree No. 4,410 of 7 October 2002), which emphasizes the duty of each State to create, maintain and strengthen codes of conduct for the correct, honorable, and proper performance of public functions to prevent conflicts of interests, so as to maintain confidence in the integrity of employees in both direct and indirect Public Administration as well as in the public management. The International Convention Against Corruption (Decree No. 5,687 of 31 January 2016), in its turn, also highlights the legal discipline of the conflicts of interests, which sets forth that each State Party, according to the principles of its internal legislation, shall adopt systems capable of promoting transparency, as well as preventing conflicts of interests, or capable of maintaining and strengthening such systems. The Brazilian Federal Union’s legislative and institutional response to these international commitments was formalized under the Conflict of Interests Law (Federal Law No. 12,813 of 16 May 2013). This thesis, therefore, provides an analysis of the aforementioned legal order underneath the aegis of the constitutional systematization of the liability of public officers under Brazilian Law, with the main purpose of contributing to the interpretation and application of legal arrangements as relevant supervisory instruments of the administrative probity