Responsabilidade do agente político pela prática de ato de improbidade

Abstract

This study aims to discuss the responsibility of political actors in cases of public mismanagement. In order to do so, we have established what could be considered the pillars of politician’s accountability: the democratic principle, the republican regime and the constitutional option for various responsibility levels. Subsequently, it was necessary to delineate a comparison between the “Accountability Crimes” and the “Administrative Misconduct Act”, since both systems intend to punish such behavior. As a result, we have concluded that doctrine and jurisprudence are divergent on the enforcement of the “Administrative Misconduct Act” when it comes to political actors, given that they are already submitted to a specific regime, the “Accountability Crimes”. In conclusion, we suggest the compatibility between the institutes, in view of the constitutional prerogatives as to the forfeiture of political office.