The Chamber of Deputies approved this Wednesday (16) the bill that modifies the Administrative Impropriety Law. The text provides punishment for public agents who act with the intention of harming the public administration. The matter goes to the Federal Senate.
The president of the Chamber, Deputy Arthur Lira (PP-AL) stated that the text will avoid distortions and excesses in administrative management. In addition, the bill will ensure that there is no political-electoral use of the law to commit injustice to public servants. For the deputy, the proposal will improve the classification of conduct that configures misconduct and will increase the penalty for dishonest acts of managers.
“Now let’s separate the wheat from the chaff. Only those who act to effectively harm the State will be punished for impropriety,” he said.
According to the bill, the public agent will be punished if he acts with the intention of committing a crime, and the agent’s voluntariness is not enough. The mere exercise of the function or performance of public powers or the interpretation of the law without proof of an intentional act with an unlawful purpose also removes the author’s responsibility.
The text also determines that those who have influence in the illicit practice will be held liable, whether inducing or maliciously contributing to its occurrence. The bill also provides that the judge will be free to stipulate the punishments. The penalties, after a final decision, for loss of political rights were increased, increasing the maximum term. There is no longer a minimum penalty provision.
The approved project updates the definition of some conducts considered improbity; determines private legitimacy of the Public Prosecutor’s Office to bring the wrongdoing action; includes the rite of the new Code of Civil Procedure in law; and the provision for the execution of a civil non-prosecution agreement.
According to the proposal’s rapporteur, Deputy Carlos Zarattini (PT-SP), the change in the law will prevent managers from being punished when there is no intent and, thus, they can exercise their attributions without fear of being punished for everything.
“We want to restrict this law to give more functionality to the public administration, more guarantees to those who propose public policies and who are elected based on their proposals, and who often cannot put them into action, in force, because they are prevented by decisions that have nothing to do with attempts to fight corruption,” said Zarattini.
Contrary to the proposal, Deputy Adriana Ventura (Novo-SP), stated that, although it is necessary to discuss the matter, the matter removes the possibility of making public managers responsible for errors.
“This approved report eliminates the responsibility for conducts that are gross errors and cause damage to the Treasury; there is no minimum penalty for suspension of political rights; that is, it is a text full of good intentions that do not mean a good result”, he argued.
Edition: Fábio Massalli
Source: Heloisa Cristaldo – Reporter from Agência Brasil – Brasília
Photo: © Cleia Viana/Chamber of Deputies