Administrative Juridicity, Administrative Sanctioning Law and the Administrative Improbity Law: Notes Toward the Reconstruction of Article 11

Abstract

The article examines the dogmatic reconstruction of Article 11 of the Brazilian Administrative Improbity Law (LIA) following the reform introduced by Law 14.230/2021, situating it within the broader transformations of contemporary Administrative Law. It begins by analyzing the shift from strict legality to administrative juridicity, guided by the normative force of the Constitution and by the recognition of an expanded normative capacity of the Administration. It then explores how this framework applies, with its own density, to Administrative Sanctions Law, a domain marked by heightened requirements of predictability, sufficient predetermination, and limits on punitive discretion. Within this context, the study critically evaluates the transition of Article 11 from an open-ended provision to an exhaustive list of conduct, assessing the implications for the protection of administrative probity and for the internal coherence of the sanctioning system. The article argues for an intermediate model combining specific types with sufficiently predetermined open types, filtered through strict material criteria, capable of reconciling legal certainty with effective protection of public integrity.