THE JUDICIAL DEFENSE OF THE DISHONEST BY THE TREASURY

Abstract

The article analyzes, by the analytical-deductive method, the obligation provided for in art. 17, § 20, of Law nº 8.429, of 1992, included by Law nº 14.230, of 2021, of judicial defense of the public administrator in administrative improbity suits, until the final and unappealable decision, by the same legal counsel that issued the opinion attesting to the prior legality of the administrative acts practiced. It was decided to carry out an exploratory research using the literature review and qualitative analysis of the data for the purpose of achieving this objective, or that it is possible, in the end, that the legal counsel of the entity cannot assume a self-defense of the public administrator prosecuted for an act of administrative improbity, considering that the defense of the legality of the administrative act does not confuse or authorize the personal defense of the public agent, from an administrative offense or from a criminal offense.