A Análise Econômica do Direito aplicada às sanções de improbidade administrativa

Abstract

It is the realistic application of the Economic Analysis of Law to the Law n.8.429/1992, called Administrative Dishonesty's Law. For that, the inaugural aim is expose the meeting point between Economy and Law, analyzing the arising of the Law and Economics movement, the fundamental concepts of Economic Theory, as well as the Economic Theory of Crime and Penalty, conceptualizing the analytical instruments of the Economy and its matter for the application of rules and legal institutes. In continuity, it is studied a case judged by the Court of Justice of the State of Paraná that deals with frustration of legality of bidding process and undue dispensation of bidding, being verified the necessity to seek loan of the Economic Analysis of Law for a better cause to oppose the dishonesty, proposing an application of penalties for the administrative dishonesty act typified in art. 10, inc. VIII, of Law 8.429 /1992 that aims the dissuasion of the public agent.