TUTELA INIBITÓRIA E ATOS ÍMPROBOS SEM DOLO ESPECÍFICO

Abstract

The present work aims to analyse the applicability of the prohibitory injunction in the legal action of misconduct in public office to prevent dishonest acts without specific intent. As for the methodology, it involved exploratory research, with a deductive approach method, adopting the form of qualitative research, using the analytical, interpretative and comparative methods. The research technique was that of indirect documentation. For this, it starts with an analysis of the institute of prohibitory injunction in light of the relevant law and of Guilherme Marinoni’s doctrine. Afterwards, the work analyses the action of misconduct in public office, its respective procedure, as well as the changes promoted by Law No. 14.230/2021. Finally, the two themes are intersected in order to determine whether there is compatibility between the institutes, the legal basis for the application of the prohibitory injunction in the action of misconduct in public office, its limits and parameters for a concrete application. From this, it was concluded that this type of injunction is applicable to the rite of Law No. 8.429/92 in order to avoid dishonest acts without specific intent, as long as it is parallel to a sanctioning request and serves to prevent repetition, continuation or removal of the effects of the illicit. It was also demonstrated the importance of studying the use of this instrument on the protection of state probity from the limits imposed by the new legal framework, as well as that this preventive injunction can also occur outside the rite of the action of misconduct in public office.