THE BRAZILIAN SUPREME COURT’S RULING ON THE THEME 1199 AND THE NEW PERSPECTIVES FOR THE ADMINISTRATIVE SANCTIONING LAW

Abstract

The Administrative Sanctioning Law, as a recent and growing sub-branch of Administrative Law, still lacks a unified understanding of its most fundamental aspects, such as principles and legal nature. The term “Administrative Sanctioning Law” itself is new to the national legal landscape and emerged in Brazilian legislation through Law 14.230/2021, which substantially altered the Law on Administrative Improbity – Law 8.429/1992. The purpose of this article is to analyze how Brazilian Supreme Court’s ruling on the Theme 1199, which dealt with the (ir)retroactivity of more favorable subsequent laws in cases of administrative improbity, laid the groundwork for the current understanding of Administrative Sanctioning Law.