Name: MARCOS PAULO PUGNAL DA SILVA
Publication date: 16/12/2020
Advisor:
Name |
Role |
|---|---|
| MARGARETH VETIS ZAGANELLI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| MARGARETH VETIS ZAGANELLI | Advisor * |
| MARILENE OLIVIER FERREIRA DE OLIVEIRA | Internal Examiner * |
| TACIANA DE LEMOS DIAS | Internal Examiner * |
Summary: Corruption, in its various facets, proves to be a challenge to the Brazilian Public Administration. With the promulgation of Law nº 12.846, of August 1, 2013, the Anti-Corruption Law (LAC), effective froms January 29, 2014, it was possible for the Public Administration to punish legal entities for illegal acts typified in the norm. The LAC innovated with some legal institutes, which are undergoing a maturation process, both in the administrative and judicial spheres. Disregard of the legal entity is one of those institutes whose application still generates some doubt and distrust. The problem is that the disregard of legal entity is one of the institutes whose application still generates doubt and distrust. Thus, it is necessary to verify the possibility of applying the disregard of the legal entity provided for in the LAC in the administrative sphere, based on a procedure that guarantees due legal and technical support. The main objective of the work is precisely to discuss the possibility and the conditions for the application of the institute of disregard of the legal entity based on the LAC in administrative scope, supported by procedures that guarantee the due legal and technical support. In theoretical terms, the work deals with theories that involve the disregard of legal personality in general and the repercussion in LAC. As for the methods and procedure, the option was for a mixed approach, involving the qualitative and quantitative dimensions, in which bibliographical, documentary, applied and exploratory research were employed. The data sources for the study were the existing regulatory normative acts, the responses to the formulated queries and the bibliographic material. The sample was restricted to 29 entities / agencies, involving the states and the federal government, all with competence to apply the LAC. The research used quantitative, qualitative, primary and secondary data. The data collection instrument was materialized in consultations sent as requests for access to information for each of the public entities and consultation of institutional sites. The treatment of the data was performed in tabulation procedures covering a quantitative and qualitative bias, with the production of graphical representations to allow the understanding of the various analyzes. The results showed that the use of disregard for legal entity, as indicated in the LAC, has a restricted application in Brazil, with only one case identified, perhaps due to the natural difficulty of legal handling of the institute and the absence of regulation of the law in several states. In the end, it was possible to trace a path for the adoption of the institute by public entities with competence to apply LAC, allowing the presentation of a technical product materialized in a proposal of a normative instrument that regulates the application of disrespect to the legal entity, in a respect for the law of the citizen and in the constant search to remove the wound of corruption, contributing to a qualified public management.
