[MP DEBATE] Requirement of Specific Intent in Admin Impropriety Law

⭐ The video discusses the changes in the law of administrative misconduct and the requirement of specific intent, known as 'dolo específico', for public officials to be held accountable.

💡 The new law aims to provide greater protection to public officials by making it more difficult to prove specific intent, which includes knowledge of the illegal nature of their actions and a voluntary and conscious decision to engage in misconduct.

🔎 There is a debate regarding the terminology used, with some arguing that 'dolo específico' is not an accurate term, but rather a form of 'dolo malo', which refers to a higher level of intent with knowledge of wrongdoing.

📚 The video discusses the concept of specific intent in the new Law of Administrative Impropriety and questions its validity.

⚖️ The speaker argues that the notion of specific intent is paradoxical and that it should be replaced with a more comprehensive understanding of internal and transcendental tendencies.

🔍 The new law requires specific intent in all cases of administrative impropriety specified in Article 11, indicating a stricter standard compared to criminal law.

The behavior that was previously considered as improbity is no longer categorized as such.

The removal of certain degrees of guilt in the new law raises questions about how individuals will be sanctioned for serious mistakes.

There is a need to convert actions of improbity into actions for reimbursement of damages to avoid losing the case.

📚 The concept of intent cannot be located physically and is not part of the physical world.

🧠 Understanding someone's intentions through neuronal synapses is not possible without language and linguistic agreements.

⚖️ To prove intent in cases of administrative misconduct, context, the agent's actions, and confession are important indicators.

The new law aims to punish illicit enrichment and offenses against public administration principles.

The difference between administrative law and criminal law is that administrative law focuses on protecting principles of public administration.

The requirement of specific intent in proving misconduct is debated, with some arguing for a normative attributive interpretation.

📚 The video discusses the specific liability in the new Law of Administrative Improbity and the impact of the changes on society.

🔍 The concept of 'dolo' (conscious intent) and its requirement for proving wrongdoing in administrative misconduct cases is explored.

🔑 The importance of proper legal advice, ethical decision-making, and the need for informed administrators in preventing and addressing administrative misconduct is emphasized.

🔑 The video discusses the importance of removing the idea of prioritizing cases of major corruption and focusing on improving the investigation and criminal action against corruption.

🔎 The use of new technology, such as access to cell phone records and interception of phone calls, has become crucial in investigating and proving corruption cases.

⚖️ The concept of 'dolo' and its application in the law of administrative misconduct and other sanctioning fields were debated, highlighting the need for a proportional and consistent approach.