ORIGIN, DEVELOPMENT, AND PERSPECTIVES OF ADMINISTRATIVE SANCTIONING LAW IN BRAZIL

Abstract

The Administrative Law, as a systematized branch of Law, is a relatively recent field, originating in the 18th-century constitutionalist movements, which were marked by the end of absolutism and the construction and delimitation of the government’s power in relation to the governed. The Administrative Sanctioning Law, as a sub-branch of Administrative Law, gained relevance with its legislative reinforcement through Law n.14.230/2021, which amended Law n. 8.429/1992. Consequently, the relevance of the debate regarding the (non)existence of effective systematization for the matter in Brazil emerges in the current legal landscape, along with the construction of a general theory and the consolidation of Administrative Sanctioning Law as an autonomous sub-branch. The present study aims to conduct a preliminary investigation that addresses this issue through qualitative and inductive research, supported by bibliographic and documentary sources. Although Administrative Sanctioning Law still lacks sufficient systematization in Brazil, there are relevant initiatives and good prospects for future debates. These should be conducted with caution, focusing on the particularities of the subject and its application contexts.