Post by nurnobisorker65 on Feb 11, 2024 1:49:27 GMT -8
There are basically two steps. First, the agent's conduct, whether commissive or omissive, must violate the rules that he was subject to comply with due to his functional duties. Still in this first step, it is also analyzed whether the conduct is related to the public function. After all, the Law is not directed against private acts unrelated to the function performed by the agent. Secondly, it is examined whether the conduct, in addition to violating the rules of action, meets the requirements set out in the Improbity Law, such as, for example, the presence of specific intent, in accordance with ยงยง1 and 2 of article 11 . It is at this stage that it is verified whether the act, in addition to configuring an illegality.
Or a disciplinary infraction, conforms to the typicality of articles 9, 10 and 11 of the Improbity Law, whether from the caputs (in the cases of articles 9 and 10) or sections [6] . Note that there is, therefore, a double judgment Belgium Email List of subsumption of the agent's conduct. In other words, an act, to be characterized as improbable, must both involve a violation of the specific legislation that governs the conduct of the public agent and also conform to the requirements set out in the Improbity Law, whether those are generic requirements.
Such as classification of the subject in the concept of public agent provided for in article 2 and the presence of specific intent), whether those specific ones provided for in the caputs and sections of articles 9, 10 and 11. This can never be lost sight of when we are dealing with the Brazilian system for combating improbity and is independent of the legal nature of the duties provided for in the Law. Otherwise, improbity will be created through purely interpretative means, which cannot be accepted in a sanctioning system that is governed by strict legality.
Or a disciplinary infraction, conforms to the typicality of articles 9, 10 and 11 of the Improbity Law, whether from the caputs (in the cases of articles 9 and 10) or sections [6] . Note that there is, therefore, a double judgment Belgium Email List of subsumption of the agent's conduct. In other words, an act, to be characterized as improbable, must both involve a violation of the specific legislation that governs the conduct of the public agent and also conform to the requirements set out in the Improbity Law, whether those are generic requirements.
Such as classification of the subject in the concept of public agent provided for in article 2 and the presence of specific intent), whether those specific ones provided for in the caputs and sections of articles 9, 10 and 11. This can never be lost sight of when we are dealing with the Brazilian system for combating improbity and is independent of the legal nature of the duties provided for in the Law. Otherwise, improbity will be created through purely interpretative means, which cannot be accepted in a sanctioning system that is governed by strict legality.