Reconfiguração da responsabilidade do agente público segundo critério da nova Lei de Introdução às Normas do Direito Brasileiro

Abstract

The public agent is a professional who, in exercising his function, performs a job in which the State is present. Like every worker, he follows a certain scheme, a certain order of tasks. The guideline for his work is contained in a text published in the normative order pertinent to the state agency of which he is a part or an entity of the indirect administration, wherever he is and at the time he goes. The legislation to which the public agent must obey is studied by the branch of law called administrative law. Law 13,655 of April 25, 2018 inserted some provisions in the Law of Introduction to the Rules of Brazilian Law (LINDB). The new law brought provisions about administrative acts and processes adding ten new articles in the original LINDB, which determined that, from that date, new deliberations started to be made under public law. The provision of the aforementioned law brought the possibility of personal accountability of the public agent for acts committed with intent or "gross error". In this sense, the present research intends to answer the following central problem: How was the responsibility of the public agent reconfigured, according to article 28 of the Law of Introduction to the Rules of Brazilian Law (LINDB)? And as objectives for the investigation: to understand notions of civil, administrative and penal responsibility, in order to demonstrate more details of the responsibility of the public agent; analyze and interpret the legal context that portrays the theme of this responsibility; to identify the reconfiguration of the responsibility of the public agent, according to article 28 of the Law of Introduction to the Norms of Brazilian Law (LINDB)