A Advocacia-Geral da União e os limites de sua atuação na defesa de agentes públicos em casos de improbidade administrativa

Abstract

The 1988 Federal Constitution created the Attorney General's Office (AGU), inserting public advocacy as one of the essential functions to Justice. The consultative activities carried out through the guidance and legal advice, dedicated exclusively to the Federal Executive Branch and its directors, and litigation activities, which includes the judicial and extrajudicial representation of the Union, stand out among the institutional functions of the Attorney General's Office. The general objective of the present study is to give an overview about the Attorney General's Office and its activities and about the action against misconduct in public office. The specific objective is to analyze the work of the Attorney General's Office in defense of public officers in cases of misconduct in public office, stressing their importance and legitimacy. The conclusion after the analysis of the constitutional, legal and regulatory plans and the majority doctrine was that it is possible and perfectly legitimate for the Attorney General's Office to defend public officers in cases of misconduct in public office, with due analysis of the concrete case by the AGU.