Does the Defense of Administrative Probity Law have a legal regime consistent with the sanctioning Administrative Law?

Abstract

Law No. 14,230/2021 promoted a significant reconfiguration of the Administrative Improbity Law, as, among other aspects, it consolidated the application of the legal regime of Sanctioning Administrative Law (art. 1, §4), which has already been notoriously applied by the Superior Court of Justice, in contrast to the Federal Supreme Court's understanding that the nature of the assessments was civil. The STF, when the judgment of General Repercussion nº 1199 demonstrated the possible revision of its old understanding regarding the civil nature of the legal regime, but what was the extent and depth of this approach when deciding on the non-retroactivity of the provisions contained in the new legislation exclusively to convictions for negligent acts of improbity, as well as the recognition of the presence of the subjective element – ​​intent – ​​for the configuration of any and all acts of administrative improbity and, finally, the immediate application of the new general and intercurrent limitation periods? What is the true origin of Sanctioning Administrative Law? What is the legal nature of assessments arising from acts that constitute administrative improbity?