The Doctrinal Position of Administrative Misconduct in Light of the Principled Unity of Public Sanctioning Law

This work analyzes the doctrinal position of administrative misconduct (improbidade administrativa) within the Brazilian legal system in light of the profound transformations introduced by Law No. 14,230/2021 and the judgment rendered under Theme 1,199 by the Brazilian Supreme Federal Court. Based on the premise that administrative misconduct falls within the broader category of Public Sanctioning Law, the study examines the legal nature of the institution, the sanctions applicable to it, and the constitutional principles and guarantees governing it, in light of the unity of the State's ius puniendi.

Employing a legal-dogmatic, bibliographical, and documentary methodology, the work traces the normative and jurisprudential development of administrative misconduct, critically examines the opinions delivered by the Supreme Federal Court in establishing the legal thesis under Theme 1,199, and identifies the hermeneutical inconsistencies that continue to hinder the consolidation of a coherent and systematic sanctioning regime.

Ultimately, the study argues for the need to establish a principled unity among the various sanctioning spheres of the State, through the effective incorporation of fundamental guarantees historically associated with Criminal Law and Administrative Sanctioning Law. This work constitutes a relevant contribution to judges, attorneys, members of the Public Prosecutor's Office, researchers, and scholars of Public Law interested in the limits of the State's punitive power and in the development of a sanctioning system compatible with the Democratic Rule of Law.