Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Lisboa, Ricardo Cretella
 |
| Orientador(a): |
Oliveira, José Roberto Pimenta |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/21087
|
Resumo: |
The purpose of this study is to develop one of the duties of the Municipal Attorney’s Office, which is to: file an administrative impropriety action against the acting Mayor when he commits any impotent act in the course of his term. The initial approach to the analysis of the proposed object requires the definition of Administrative Improbity under the legal prism in order to deal with the subject from the perspective of legal techniques. In order to advance in this matter, it will be necessary to clarify the legal nature of the improbity, in order to point out its conduct and its respective sanctions. The importance of the study about the proposed object is presented in seeking the legal interest of the Municipal entity, the Office of the Attorney, general as well as the municipal Attorneys. In order to explain that, it will be used a method of legal identification of the attributions of each of these three interested parties. The attributions will not be addressed solely from the static point of view, but rather will identify the relationship between the three interested parties, in order to scrutinize the independence of the Public Prosecutor's Office and of its Prosecutors in relation to the Chief executive. It will also identify the interests of the individual elected to the position of Municipal Mayor in relation to its respective municipality, also under the legal aspect. Once exposed the interests of the legal actors mentioned above, the figure of the Mayor will be analyzed in the commission of acts of administrative improbity and their correct and specific accountability. Following will be brought the provisions of the legal system that guide the legitimacy of the Municipal Attorney to join with the action of administrative improbity. Finally, the independence and competence of the Municipal Attorney’s Office will be clarified in order to enter into the aforementioned action in the face of the acting Mayor, in favor of the real and true public interest |
