Lei de Improbidade Administrativa (Lei 8,429/1992)
Law No. 8,429 of 1992 (Lei de Improbidade Administrativa) governs administrative misconduct by public officials in Brazil. The law defines three types of administrative misconduct: acts causing unlawful enrichment (atos de enriquecimento ilícito), acts causing damage to the public treasury (atos de dano ao erário), and acts that violate principles of public administration (atos contra a probidade administrativa). It establishes civil administrative proceedings and sanctions including loss of function, suspension of political rights, and restitution of public funds.
Legal area: Administrative law governs the organization, powers, and accountability of government institutions and public administration.
Year enacted: 1992
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L8429.htm
Key Provisions
- Art. 2-4: Acts of administrative misconduct (improbidade administrativa)
- Art. 5-6: Acts causing unlawful enrichment (enriquecimento ilícito)
- Art. 9-11: Acts causing damage to the public treasury (dano ao erário)
- Art. 12-16: Sanctions (loss of function, suspension of political rights)
- Art. 17: Standing to file actions (ministério público, entidade pública)
- Art. 23: Statute of limitations (prescrição quinquenal)
- Art. 36: Criminal liability (responsabilidade penal)
Significance
The Administrative Misconduct Law is a key anti-corruption tool in Brazil, working alongside the Clean Company Act (Lei Anticorrupção) and the Criminal Code. The law applies to all public officials and has been used in major corruption cases, including the Lava Jato (Car Wash) investigation. The law’s provisions on personal liability for public officials serve as a significant deterrent to corruption and misuse of public funds.