A análise da ratio decidendi das decisões de improbidade administrativa em face da Lei nº 14.230/2021, no âmbito do Tribunal de Justiça do Estado de Mato Grosso

Abstract

This paper addresses the problem of the application of the new provisions of Law n. 14.230/21, on the Law of Administrative Improbity, by the Court of Justice of the State of Mato Grosso, having as scope the implementation of the culture of precedents and compliance with the judgments of the Higher Courts. For this, the institute of precedents was analyzed, as well as related discussions, such as the families of law, and the impact of this culture on the Civil Procedure Code of 2015. After that, the analysis of the central theme, which is the legal transition operationalized by the afore mentioned law and the adequacy of the new law and the interpretative sedimentation of the understanding by the apex court, within the scope of the Court of Justice of the State of Mato Grosso, was inserted. The work was developed according to the quantitative method by analyzing the judgments of the Federal Supreme Court and the local court (TJMT), as well as the hypothetical-deductive method, since it launches a hypothesis and, from that, seeks its authentication by bibliographic analysis.