O controle de convencionalidade do novo regime prescricional da improbidade administrativa estabelecido pela Lei 14.230/2021 no âmbito do Ministério Público do Estado do Tocantins à luz dos tratados internacionais de direitos humanos

Abstract

The formation of the Brazilian State, since its roots with the arrival of the Portuguese Crown in Brazil, shows a structure dedicated to patrimonialism. The confusion between public and private is a mark to be overcome in a State that intends to consolidate the proclamation of the country as a Republic that, in fact, constitutes a Democratic State of Law, as enshrined in art. 1 of the Brazilian Constitution. It so happens that sometimes the holders of power, in their desire to perpetuate the group within the State, destroy the shackles of the law that could contain them. This is exactly what happened with the amendments to Law 14.230/21 with regard to the provisions regarding the prescription of administrative improprieties. By creating a system aimed at enacting the statute of limitations for a large part of administrative impropriety actions of medium and high degree of complexity and not at analyzing the merits of the conduct with, as the case may be, the dishonest agent should have, the new law consolidates stereotypes that the Judiciary only punishes the little ones. It is imperative, in this path, to bring to Brazil discussions and positions already firm in other countries in the sense of considering administrative probity as a fundamental right of the tax-paying citizen and, with this series, to give due importance to international documents, such as the Convention of United Nations against Corruption (Merida Convention), the due supralegal status, urging the Judiciary to remove Conventionality Control from theoretical contemplations and bring it to the daily life of forums and courts. The work proposes to present, as a professional contribution, proposals for statements for the Superior Council of the Public Ministry of the State of Tocantins and also a proposal for a Recommendation for the Internal Affairs of the Public Ministry of the State of Tocantins to encourage members of the Tocantins Public Ministry to raise the control of the conventionality of changes to the prescriptive system of Actions for Administrative Improbity so that judges from Tocantins contrast the changes with the United Nations Convention against Corruption, always observing its supralegal character against the clear character of the International Treaty on Human Rights.