A lei 14.230/2021 e o regime sancionatório da improbidade administrativa: uma análise do artigo 12 à luz da interpretação normativa

Abstract

The article analyzes the profound reform of Law No. 8,429/1992 by Law No. 14.230/2021, with a special focus on the changes to the sanctioning regime of Article 12. The new legislation extinguished liability for culpable acts (negligence) causing damage to the public treasury (Art. 10) and now requires proof of specific intent—the free and conscious will to achieve an illicit result—to characterize any act of improbity. This change seeks to differentiate the dishonest administrator from the inept one, offering greater legal certainty and avoiding punishments for mere irregularities or interpretive disagreements. The research addresses how this new requirement of intent and the redefinition of sanctions impact the actions of bodies such as the Public Prosecutor's Office and the Judiciary, creating interpretive challenges between a due process-oriented stance and maintaining the law's repressive character. It is concluded that the reform enhances the system but requires the consolidation of jurisprudence that balances the fight against corruption with fundamental guarantees.