by Ricardo Brito
BRASILIA (Reuters) – The Chamber of Deputies this Wednesday concluded the vote on the bill that revises the Administrative Impropriety Law, a matter that will now go to presidential sanction after being considered by Congress in an accelerated manner.
According to Agência Câmara, the biggest change in the text is the requirement of intent (intention) so that public agents are held accountable. Damage caused by recklessness, malpractice or negligence cannot be configured as improbity.
The action must prove the public agent’s free and conscious will to achieve the illicit result, and the agent’s voluntariness or the mere exercise of the function is not enough. The action or omission resulting from a divergence in the interpretation of the law cannot be punished either.
The list of conducts considered improbable and the procedural rite will also be changed, giving the Public Ministry the possibility of entering into agreements, and the judge the option of converting sanctions into fines.
The 1992 law of misconduct provides for civil and non-criminal punishments for persons, that is, it does not lead to imprisonment for convicts. Among the penalties provided for are: compensation to the Treasury, unavailability of assets, loss of public service and suspension of political rights.
Entities representing the Public Ministry criticized the changes made by Congress and, in general, defended a greater debate on the proposal.
Attorney Antonio Coutinho, a partner at Piquet, Magaldi e Guedes Advogados, said that the changes brought about by the new law are intended, at first glance, to bring more legal security to public managers, who will no longer be punished “due to mere administrative wrongdoing, a fact that generated serious consequences for them for no reason”.
“With the approved text, for example, acts considered incorrect, but which have been practiced based on interpretations of law or court decisions, can no longer be classified as administrative improbity,” he said, who considered the changes valid for a legislation of the early 1990s.
See too
+ Until 2019, there were more people in prisons than on the Brazilian stock exchange
+ Aloe gel in the drink: see the benefits
+ Lemon-squeezing trick becomes a craze on social media
+ Chef playmate creates aphrodisiac recipe for Orgasm Day
+ Mercedes-Benz Sprinter wins motorhome version
+ Anorexia, an eating disorder that can lead to death
+ US agency warns: never wash raw chicken meat
+ Yasmin Brunet breaks the silence
+ Shark is captured in MA with the remains of youngsters missing in the stomach
+ See how much it costs to eat at the MasterChef judges’ restaurants
+ Auction of cars and motorcycles from Kombi to Nissan Frontier 0km