For inapplicability of necessary referral against the improcedence’s sentences derived from the Administrative Improbity Law

Abstract

The work here proposed aims at presenting the legal perspectives provided in the law of administrative improbity (Law. 8,429 / 92), especially with regard to the applicability of the necessary review in cases of impropriety handed down in actions of such nature.  It is important to remember that the necessary review has no legal provision in Law 8,429 / 92. However, there is discussion in the doctrinal and jurisprudential scope regarding the application of the institute in actions of administrative improbity with an unfounded sentence. At first, the paper seeks to present some aspects of the Administrative Improbity Law. Therefore, in brief lines, it will explain about the purpose of the necessary review and, finally, it will demonstrate the disagreements about the application or not of the actions resulting from administrative improbity.