文章基本信息

标题：Aspectos gerais e controvertidos do acordo de no persecuo cível
本地全文：下载
作者：Luiz Manoel Gomes Júnior ; Diogo de Araujo Lima ; Jussara Borges Ferreira 等
期刊名称：Research, Society and Development
电子版ISSN：2525-3409
出版年度：2021
卷号：10
期号：11
页码：1-14
DOI：10.33448/rsd-v10i11.19268
语种：English
出版社：Grupo de Pesquisa Metodologias em Ensino e Aprendizagem em Ciências
摘要：The consensual model of conflict resolution has gained prominence in Sanctioning Law, whether in its criminal or administrative aspects. The recent amendment to Article 17, §1 of Law No. 8.429/1992, which now admits the civil non-prosecution agreement, is in line with a national and international trend of overcoming the dogma of the legal impossibility of agreements in conflicts involving the Public administration. The innovation conveys relevant progress in the fight against corruption, in the perspective of faster and more efficient results in cases involving administrative misconduct, whose resolution was not satisfactory by the exclusive method of misconduct action. The present study aims to contribute to the construction of guidelines that allow filling the gap left by the legislator regarding the mode of operationalization of the agreement (elements, conditions, limits, etc.), considering that the legal provisions that disciplined material aspects -al and procedural aspects of the agreement were vetoed by the President of the Republic. For that, the inductive method will be used, from the examination of legal norms, bibliographical and jurisprudential research.
关键词：Public administration;Administrative dishonesty;Consensuality;Non-prosecution agreement.