Retroatividade da Norma de Direito Administrativo Sancionador Mais Benéfica: Conceito, Fundamentos e Consequências

Abstract

This dissertation analyzes the retroactivity of the most lenient sanctioning rule in administrative law, investigating its constitutional foundation, scope, and limitations. Initially, the research examines the structure of the concept of retroactivity, distinguishing it from other intertemporal legal phenomena and proposing a more precise terminology for administrative sanctioning law. Next, the study discusses the relationship between the guarantees of criminal law and those of administrative sanctioning law, addressing the theory of the unity of jus puniendi and the formation of the constitutional statute of administrative sanctions in Brazil. The research also evaluates retroactivity in mitius as a fundamental legal guarantee, contrasting it with principles such as legal certainty and the prohibition of retrogression, and verifies whether article 5, item XL, of the Brazilian Federal Constitution of 1988 allows for an extensive interpretation that includes administrative sanctions. Furthermore, the study delves into the potential conflict between beneficial retroactivity and the protection of acquired rights, vested acts, and res judicata, investigating the limits of its application. Finally, the dissertation examines the interaction between retroactivity in mitius and regulatory frameworks, weighing its effects on the efficiency of sanctioning rules and its impact on regulatory architecture.