Análise da aplicabilidade do Acordo de Leniência na Ação de Improbidade Administrativa: as novas diretrizes conceituais do Controle Administrativo.

Abstract

The present work intents to make a theoretical analysis of the possibility of insertion of the leniency policy institute in the ambit of the judicial claim of administrative improbity. For this, the work begins its bases with the evolution of the Administrative Law in context of the constitutional innovations, mainly with respect to the sanctioning sector. In recent years, new forms of conflict resolution have been given great importance, especially in the face of the so-called "numerical crisis" of the judiciary power and of the need to increase efficiency and reasonableness in the duration of ongoing processes. With this and due to the express prohibition, in art. 17, first paragraph, of Law number 8,429/92, of any agreement, transaction or conciliation in actions of improbity, the discussion is opened for the viability of Leniency Policy- already expressly provided for in Law number 12,846/13 (Anti-Corruption Law) in the judicial claims of administrative improbity. Its content, in the first instance, could lead to a total inflexibility of Law number 8.429/92 to the negotiated solutions of conflicts. However, the aforementioned normative device, as it will be researched, goes against all the logic created by the legal system in force. Therefore, it can be seen the compatibility of the leniency policy institute with the judicial claims of improbity, finding no obstacle in the contemporary administrative system.