Ação de responsabilidade civil por ato de improbidade administrativa

Abstract

Throughout centuries the Brazilian society has lived together with the corruption caused by its civil agents without counting on efficient tools in Civil Law area aiming to punish the ones in charge of the practice of unlawful act and to repair the damage caused by such agents towards the federal state district or municipal treasury. With the arrival of Law # 8.429/92 (named Managerial Improbity Law) and with the increasingly performing participation of the Department of Justice in defense of social interests such a gap has been supplied. Meanwhile and in spite of the crushing majority of Brazilian Tribunals had accepted the discussion about acts concerning the managerial improbity in the core of the Public Civil Actions this present study aims to demonstrate that such action is not adequate for the Law # 8.429/92 be applied which foresees a special procedure distinct from the one foreseen in Law # 7.347/85. In addition to that hereby there is also the worry of demonstrating that some managerial actions put into practice by civil servants (sometimes in an incapable way but with no perfidious action fraud or dishonesty) have been considered unfair having no necessary care taken by the authors of the Public Civil Actions generating disastrous consequences for the respective defendants in virtue of the repercussion given to such cases. Provided formerly that the state machine disposed of no efficient mechanisms in order to combat corruption nowadays we have the so-called Managerial Improbity Law and the Department of Justice acting as true Damocles swords aiming to transform not only the practice of public offices such as the hiring of individuals by the Public Administration in high risk activity which may happen to deviate both honest and well-intentioned people of any contact with the Public Administration