Tutela de evidência nas ações de improbidade administrativa

Abstract

The administrative misconduct legal actions always had a very important function in the law order, because they protect morality and public property. However, in recent times, with the search for greater effectiveness in the fight against corruption and administrative misconduct this mode of action has gained even more evidence and has become used more frequently. In most cases for an act of administrative misconduct there is the granting of provisional. The Code of Civil Procedure of 2015 gave a systematized treatment of provisional protection disciplining, among other things, modalities, legal requirements and hypotheses of incidence. One of the modalities of provisional protection regulated by the new legislation was the evidence provisional protection. The measures implemented by the current Code of Civil Procedure largely seek to ensure fundamental procedural rights, which materialize constitutional guarantees. However, it is perceived that often the desire to combat administrative misconduct and protect morality means that some guarantees are not properly observed, especially in the provisional protections. Provisional measures in the action of misconduct need a rereading based on the values that support the new Code of Civil Procedure. Therefore, the present work seeks to analyze the compatibility of evidence provisional protection with the specificities of the administrative misconduct action, taking into account the fundamental guarantees of the litigants.