Análise do papel da Lei de Improbidade Administrativa e da Lei Anticorrupção na construção de um microssistema anticorrupção

Abstract

Corruption constitutes one of the main structural challenges to contemporary democracies, requiring effective, coordinated, and systematically articulated normative responses for its proper confrontation. The dissemination of this illicit conduct within Brazilian power structures results in harm to the public treasury and violations of fundamental constitutional principles. In view of the costs of corruption, the Brazilian legal system seeks to build a network of normative instruments to address it. The structuring of Brazilian anti-corruption laws unfolds under the hypothesis of the existence and configuration of an 'anti-corruption microsystem.' The analysis of the systemic and complementary interaction between the Administrative Improbity Law (Law No. 8,429/1992) and the Anti-Corruption Law (Law No. 12,846/2013) is the starting point for examining this phenomenon and, consequently, understanding its gaps. Through documentary and bibliographic analysis, the systemic complementarity patterns configuring the microsystem are evaluated. It is concluded that the 'anti-corruption microsystem,' despite presenting significant institutional advances, faces challenges in balancing the recovery of damages, the severity of sanctions, and the harm suffered by the involved parties. A disjointed legal framework is incapable of producing positive practical effects and may result in further harm to the subjects.