“Apagão das canetas”análise econômica da responsabilidade da improbidade administrativa
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2022-02-17
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Amaral, Thiago Bottino do
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The issue of liability for acts of administrative impropriety by public agents is much discussed in Brazilian administrative law. However, the economic perspective of the subject is not the target of the efforts of the specialized literature. With this in mind, the present dissertation seeks to carry out an economic analysis of the responsibility of the administrative improbity of public agents. The question that I propose to answer is: how to analyze the responsibility of administrative improbity from the economic point of view? It‘s thinking it as a way of deterring the offender. The social justification of the work is the social phenomenon directly linked to the theme known as 'blackout of pens', which, briefly, is about the paralysis of public agents in managing the State for fear of the excess control causing inefficiency in the management of the public issues. And, the concern with this event has multiplied in the legal literature, which among its causes, in short, encompasses reasons conceptualized by the economy, such as 'risk aversion', 'behavioral science', among others. Therefore, the economic analysis of the responsibility of the administrative improbability of public agents can bring a new perspective of solutions to this social problem. Therefore, it is still necessary to analyze the legal and mechanical nature of the functioning of administrative improbability, which has undergone strong changes due to recent legislative changes. The methodology used by the dissertation to attack the problem is that of an analytical-casual work, that is, the work seeks to unravel the necessary and sufficient conditions to carry out the economic analysis of the responsibility of administrative improbity and, from this analysis, verifies whether it is possible to apply it to the cases exposed in the work. In the end, there is an appreciation of other forms of escape from accountability for administrative improbity committed by dysfunctional control and its possible effects.