(In)applicability of the consensual solution of civil non-prosecution in administrative misconduct actions

Abstract

Democracy is the predominant foundation in our country, which is governed by laws and based on basic principles such as the supremacy of the public interest over the private. In this north, in 1992, the Administrative Misconduct law was enacted, which penalizes public agents who incur acts against the public administration, whose legislation was recently amended to provide opportunities for the composition of civil non-prosecution agreements, known as an Anti-Crime Package, enacted in 2019. In light of this, the research aims to provoke a reflection on the conclusion of agreements in the investigation of these improbable acts, with the primary scope of analyzing their applicability in the jurisdictional provision, pointing out the particularities of the making of non-civil prosecution transaction in acts of administrative improbity. In the study, the deductive method was used, as it is an analysis of jurisprudence, doctrines and laws, which support the consensual solution of non-civil prosecution before the satisfaction of the jurisdictional provision. Based on the analyses, the advances in this sphere are notorious, because, due to the permission brought by the change in the law, such conflicts gained a new guise. However, due to the gaps in the legal text as to the rules for the execution of the agreements, there are some moderations in their preparation, which will only be filled by contemporary jurisprudential and doctrinal understandings.