O dolo e a culpa nas ações civis públicas por ato de improbidade administrativa: interação entre a violação de princípios da administração pública e o dano ao erário

Abstract

This work proposes a discussion about deceit and fault at the legal types that defines the acts of administrative improbity, highlighting a culpable form described in the norm of the article 10 of Law 8.429 / 92, and its compatibility with the responsibility model created to defense of administrative probity. The analysis will start from a contextualization between article 37, caput, and the 4th paragraph of the Federal Constitution of 1988, with its concretizing diploma, the Law nº 8.429/ 92, the Administrative Improbity Law. To materialize the interpretation of the Administrative Improbity Law according to the constitutional text, adapting it to the model of responsibility imposed by the Federal Constitution of 1988, it is necessary to make the proper review at the theories that best defines deceit, fault, and constitutional principles applicable to the public administration, especially the principle of morality.