Bad faith in administrative impropriety

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In order to characterize an act of administrative misconduct, it is necessary to go beyond the mere normative subsumption and observe that the characterization requires, as basic assumptions, the configuration of its intrinsic elements. Thus, it is not a matter of imposing on the agent a mere illegality or disciplinary infraction, which has its own way of investigation – namely, criminal or administrative disciplinary. Thus, an act of misconduct is considered to be a violation of morality, which attacks a plurality of legal assets.

For this reason, when there is an offense, not an isolated principle should be considered, but a set of principles directed at the administrator in the exercise of his function – legality, impartiality, morality, publicity and efficiency. In this sense, the understanding of the national courts is:

1. Bad faith is a premise of the illegal and dishonest act. Illegality only acquires the status of administrative misconduct when the unlawful conduct violates the constitutional principles of Public Administration due to the bad email database australia faith of the public servant, or when there is financial gain obtained from the improper conduct. 2. Appeal dismissed.1



Administrative misconduct is a type of qualified morality, having dishonesty as its characteristic element. And dishonesty, in turn, presupposes the existence of intentional, willful conduct, that is, to configure administrative misconduct, it is necessary that there be, at the very least, the willfulness of the public agent, not tolerating mere negligent conduct. 2. If the harmfulness and reprehensibility of the conduct vitiated by the agent's bad faith are not characterized, the ministerial claim does not deserve to prevail, especially if the effective provision of the contracted service is demonstrated. 3. The appeal is dismissed.2

Note that the primary basis of misconduct consists of the intention to unduly privilege oneself or others, which, it is reiterated, violates all the principles of the Federal Constitution. Therefore, inseparable from administrative misconduct is the characterization of bad faith, the legal result of which for the classification is harm to society as a whole, in favor of private and individualistic interests.

Another important point regarding administrative misconduct is that, in the case of damage to the public treasury, proof is an essential element for the action to proceed. In the absence of evidence capable of evidencing the harmful conduct of public agents – illicit enrichment – ​​and, much less, the harm to the Administration as a result of irregular hiring, there is no reason to speak of a conviction for the practice of an improper act.