Análise crítica do Tema 1199 do STF e a (ir)retroatividade da lei n° 14.230/2021: A evidenciação da ausência de um estatuto próprio do Direito Administrativo Sancionador

Abstract

This Undergraduate Thesis critically analyzes the application of the principle of the retroactivity of the most beneficial rule within the scope of administrative misconduct following the reform introduced by Law No. 14,230/2021 and interpreted by the Supreme Federal Court (STF) in the judgment of Theme 1199. Under the new legislation, liability for acts of administrative misconduct now requires intent (dolo), statute of limitations periods were altered, and sanctions were redefined, sparking intense debate on whether these provisions could retroactively apply to benefit public agents convicted under the previous regime. In Theme 1199, the STF established that retroactivity should only apply to cases that have not yet reached a final and unappealable judgment (trânsito em julgado), thereby preserving definitive convictions, even those based on negligent conduct (conduta culposa). Thus, it is observed that there is a gap in the national legal system regarding the status of Sanctioning Administrative Law, lacking a clear position on its functioning—specifically, whether it aligns more closely with Criminal Law or possesses its own autonomy and rules. Based on bibliographic research and an examination of the reasoning in the justices' votes, this study seeks to investigate whether this limitation on retroactivity is compatible with the logic of Sanctioning Administrative Law and constitutional principles such as legal certainty, the protection of legitimate expectations, and proportionality. Furthermore, it evaluates the consistency of this understanding from the perspective of Criminal Law principles, such as the penal tradition of full retroactivity of the most favorable rule for the benefit of the defendant. It also analyzes the impact of such a decision on the general interpretation of the functioning of Sanctioning Administrative Law. Finally, the thesis discusses whether Theme 1199 represents an adequate harmonization between substantive justice and institutional stability or whether it produces inequalities and weakens the fight against administrative misconduct.