A legitimidade ativa privativa do Ministério Público nas ações de improbidade administrativa e sua inconstitucionalidade

Abstract

The present work aims to analyze the constitutionality of the suppression of the active legitimacy of the Public Administration in administrative improbity lawsuits, resulting from the reform of the Administrative Improbity Law (Law 8.429/1992). This is a study carried out under the methodology of bibliographic review, using as source laws and jurisprudential research, as well as literary works, periodicals, academic productions and articles on electronic sites of recognized legal content. It begins with the approach of Brazilian federative model concepts, followed by the listing and definition of administrative principles pertinent to the subject, proceeding with the presentation of concepts of the Law of Administrative Improbity and ending with the presentation of the position of the Federal Supreme Court on the theme. In the end, it concludes with the analysis of the concepts raised and the author's position regarding unconstitutionality.