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Changes to the Law of Administrative Improbity

Law 14.230/2021 came to modify Law 8.429/1992, which regulates administrative improbity.

 

Among the most relevant changes brought by Law 14.230/2021, with the inclusion of §10 to art. 16 of the Administrative Improbity Law, it is now no longer possible to restrict the assets of the investigated party in order to safeguard the amount in terms of civil fine. In other words, when the preliminary injunction decision deals with the civil fine, it can no longer order the blocking of amounts that reach this fine, and its payment is only possible after the final decision.

 

Another important change was brought in §11 of art. 16, which established a preference list for the assets that will be affected by blockades, of which the current account is in last place, first making unavailable the assets that do not have as much liquidity, in order to allow the continuity of the business activity.

 

Besides the above-mentioned practical transformations, which directly affect the accused, there are other changes worth mentioning. One of them is the intersection between the civil, criminal and administrative spheres, since the penalties imposed in other spheres can now be reduced to those in actions of administrative misconduct. Moreover, it was also authorized the payment in installments of convictions, in up to 48 months, if the financial inability to pay the debt is immediately demonstrated.