Banca de QUALIFICAÇÃO: ANITA LUIZA BATISTA DE SANTANA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ANITA LUIZA BATISTA DE SANTANA
DATE: 25/03/2024
TIME: 09:00
LOCAL: Ambiente Virtual
TITLE:

CIVIL LIABITILY OF THE PUBLIC AGENT FACE OF FEDERAL COURT OF ACCOUNTING

KEY WORDS:

Gross error; Article 28 of the LINDB; External Control exercised by the TCU; Administrative Law of Fear; Control Parameters

PAGES: 110
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research is related to how public agents are civilly responsible for their acts, especially those who rule management positions in the Federal Court of Accounts, as this Court is an external control body accountable for the financial-budgetary supervision of the Public Administration. It is well known that with the establishment of the 1988 Federal Constitution, the Federal Court of Accounts expanded its duties and strengthened the power of this institution. This contributed to an increase in the inspection activities of those who hold a public position and enabled an expansion of the number of debt convictions for those responsible for dealing with State assets and values. Some scholars argue that the legal system created after the CF/88 allowed the excess of power to mitigate corruption and misuse of public funds. Thus, an intimidating environment was built for public agents who are punished even in the face of excusable mistakes, acceptable by the public administration, a phenomenon known in legal literature as the Administrative Law of Fear. Accordingly, Law 13655/2018 was passed as an attempt to limit the control of public administration, creating boundaries regarding the possibility of accountability of an agent who commits an administrative act punctured with error. The thesis of this paper consists of empirically analyzing, through the study of precedents, the breadth of control exercised by the Federal Court of Accounts regarding the civil liability of state actors in order to confirm whether Law 13,655/2018 guaranteed an unconstitutional increase in external control or if it provided greater comfort to the public agents in their decision-making, as it reduced fear during their actions. The research will use the deductive method through a qualitative approach and secondary sources from bibliographic and normative analysis. In order to achieve the intended purpose, research was carried out on TCU precedents, along to bibliographic search regarding the external control exercised by TCU. In addition, theoretical and historical searches regarding civil liability were performed. The following study and its resolutions aim to generally promote a systematization of knowledge regarding the new indicator established with art. 28 of LINDB. The specific objectives include studying general aspects of the civil liability of the public actors in front of the TCU; understanding how the civil liability of the public agents is acknowledged in the Especial Account process, and examining the consequences of the parameter modification relating to liability for gross error, brought by LINDB, in the TCU jurisprudence. The justification for this paper lies in the search for clarifications on how art. 28 of LINDB must be considered: whether it opens the margin for the irresponsibility of public actors or encourages their creativity, ensuring an innovative and efficient Public Administration.

COMMITTEE MEMBERS:
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 2199638 - VLADIMIR DA ROCHA FRANCA