Reformulation of the administrative improbity Law and the importance of adopting structuring measures by the Public Prosecutor's Office

Abstract

The article deals with the changes promoted by Law no. 14.230/2021 in the Law of Administrative Improbity and the impacts on irregularities linked to the civil service, especially regarding the form of hiring or internal management of civil servants, without the purpose of benefiting themselves or third parties. These non-conformities will not be covered by repressive legislation, but they require correction due to the offense against the constitutional principles that govern the Public Administration. Therefore, the problem that arises is: how can the administrative structure of the public entity, affected by various factual circumstances, be regularized without the use of repressive legislation? The hypothesis is that preventive action by the Public Prosecutor's Office, with a structural bias in the administrative phase, can correct existing deviations as a complement or counterpoint to the Administrative Improbity Law. The aim is to demonstrate the preventive and structural actions of the Public Prosecutor's Office in the state of Paraná, Brazil, in the northern region of the state. The research is empirical and the method used is the case study. The focus of analysis is the study of case law and administrative procedures that were processed by the Specialized Group for the in the Protection of Public Assets and the Fight against Administrative Improbity in Santo Antônio da Platina, Paraná. Santo Antônio da Platina, Paraná, Brazil. As a result, the complexity and and importance of structuring measures by the Public Prosecutor's Office, through dialogical activity and monitoring of the strategy developed jointly with the manager.