Culpable improbity and the retroactivity of the most beneficial norm

penal logic for the administrative sanctioning illicit

Abstract

The article analyzes the decision of the Federal Supreme Court, in the judgment of the ARE 843989, which discussed the possibility of giving retroactive effect to the modification under the Administrative Improbity Law by Law 14.230/2021, which suppressed the provision of culpable improbity. The deficiencies of the Administrative Sanctioning Law in Brazil arise from the absence of an adequate normative structure, in which punitive systems – criminal or administrative – are subject to the same set of guarantees. The absence of normative provision could be overcome by judicial hermeneutic activity.