If you usually watch newspapers or read news, you must have come across this tongue twister: administrative impropriety. The term is difficult, but it is linked to our daily lives and politics at the municipal, state and federal levels; as citizens, it is very important that we know what it means. Still, anyone who dreams of pursuing a career in law or passing a public competition needs to understand this subject.

What is administrative impropriety?

First, it is necessary to understand what impropriety is. The word refers to something dishonest, in bad faith; when it gains the adjective administrative, it defines the inappropriate conduct of a State agent or someone from the private sector that provides services to the State and causes damage to public property. That is, the act can be committed by a person who does not work for the government, but who is in collusion with a civil servant.

1. Illicit enrichment

The civil servant uses the position to gain an economic advantage but does not necessarily take money from public coffers. For example, a server that exchanges privileged information for payments from a private company.

2. Damage to the treasury

The actions of the civil servant that cause loss of public resources, with the use of state money for private purposes, to facilitate the enrichment of third parties or to apply the funds in an irregular manner. Failure to place a bid and buy a product directly can also be considered a loss to the treasury.

3. Hurt the principles of public administration

When public officials violate the principles of impartiality, honesty and loyalty to institutions. Defrauding a public tender and not rendering public accounts are two examples of administrative impropriety.

Administrative impropriety is a crime?

The act is illegal, but it is not a crime. This does not mean that the public agent will not receive punishment, he will only respond in the civil sphere and, if convicted, he will lose his public office, in addition to having to pay a fine and refund the money to the public coffers. If he is a politician, he can lose political rights for up to 10 years, even if he has a privileged forum. If you are a representative of the private sector, you will not be able to sign contracts with the government or receive tax incentives for up to 10 years. The penalty applied depends on the type of unlawful act committed, the extent of the damage caused and how much money was illegally earned.

Administrative impropriety also harms those who run in elections for legislative or executive positions. The Electoral Court analyzes the candidates’ history before authorizing them to run or not, which includes acts against public assets.

Anyone can report a suspicion of administrative impropriety to Organs responsible bodies, which usually have an ombudsman sector to ascertain what actually happened. The Public Ministry also accepts complaints.