Crime of torture as an act of administrative improbity

a matter of Juridicity

Abstract

Abstract: The purpose of the work is to analyze the configuration of the crimes of torture provided for in Law No. 9,455 / 1997 as an act of administrative improbity provided for in Law No. 8,429 / 1992 when committed by public agents. For this purpose, the Superior Court of Justice's case decision, Special Appeal 1.081.743-MG, of 03/24/2015, will be used to elaborate a reflection on the constitutional project inaugurated with the 1988 Constitution in the institutional behavior of public agents from a democratic administrative law paradigm. The hypothesis that is raised and that will be sought to prove is that the practice of torture, especially when carried out by public agents, denies the legal order constituted under the aegis of the Democratic State of Law. The state of anti-legality is one in which, in a given space, there is an absence of normativity, which would make inhumane behavior feasible, making state compatibility with practices that would deny its own existence impossible. In this bias, the practice of the crime of torture would undermine the legal-moral authority of the constitutional-democratic order for exercising a practice that denies it as a civilizational achievement of Western modernity.