Improbidade administrativa: a legitimidade do particular como polo passivo na demanda judicial

Abstract

This paper aims to highlight specifically the passive polo in the actions of improper conduct, in relation to legitimacy of a figure act particularly alone in these lawsuits. In this sense, this research is intended to analysis and understanding the Brazilian Low No. 8429 of 1992 (Administrative Misconduct Act) and therefore the doctrinal and jurisprudential understanding about the theme underlined. The probity and administrative morality, as vectors principles listed by the Federal Constitution of 1988, intend to protect the public administration, ensuring the common good. In contrast, impropriety is the administrative corruption or distortion of the objectives of public administration; countered by infra law, the public official responsible for his action or omission harmful to the treasury. However, in repeated decisions, the Supreme Court has ruled the impossibility of a particular act figure in the dishonesty action, even if it is valid, for example, of public money, as in the financing of the film "Chatô, the king of Brazil." What makes the particular figure illegitimate for these actions? What is the extent of so-called administrative misconduct, which affects only public officials?