The debates about the public management concerning the spending of public money and the specific malice of illicit purposes or eventual malice and administrative improbity by violation of the principles of public administration, as well as nepotism, among others, were the themes addressed during the Judicial Aspects of Administrative Improbity Workshop: A Preventive View, promoted by the Judiciary of the State of Tocantins, through the Superior School of the Judges of the State of Tocantins (ESMAT), in partnership with the Association of Municipalities of the State of Tocantins (ATM). The event was attended by municipal managers from 139 municipalities in the state.
During the opening solemnity, Judge João Rigo Guimarães, president of the Court of Justice of the State of Tocantins (TJTO), reminded that administrative improbity actions must be prepared taking into consideration the political and social life of the municipal manager. “The theme is very interesting, in its judicial aspects, and should be discussed, in order to provide legal elements in a responsible way when proposing the action, so that there is a minimum of content and can really hold the manager responsible if necessary”, he reminded.
For Océlio Nobre, assistant Judge of the Presidency of TJTO and creator of the event, the Judiciary can act as a facilitator and collaborator of municipal administrations, in order to avoid possible administrative liability lawsuits. “We know that mosto f our managers do not have legal training, since the Law does not require legal knowledge, so they need the advice of a professional team, and the Judiciary is more sensitive to this reality. We know the challenges of administration. The Judiciary then assumes this cooperative role, aiming to clarify, guide, and be closer to the social reality of the municipalities of the State of Tocantins, he stated. Representing the president of the Association of Municipalities of the State of Tocantins (ATM), Mr. Diogo Borges, 2nd vice-president of the entity; the mayor of Santa Maria, Mr. Itamar Barrachini reinforced the partnership between the Judiciary and the entity representing the municipalities of the State of Tocantins. “We need guidelines that we see on a daily basis in public administration. Many times, there is a lack of knowledge, so we need to find someone who has it to guide us. The ATM is ready to make this bridge together with the Court of Justice. We are available, always seeking the Best for each mayor to do what is Best for their municipality. On behalf o four president Diogo Borges, the ATM will always be available for any activity that is connected to the improvement of public management”, he reinforced.
Lectures
Mediated by the magistrates Manuel de Farias Neto, José Ribamar Mendes Júnior, Wellington Magalhães, Aline Marinho Bailão Iglesias e Esmar Custódio Vêncio Filho, the “Material Aspects of Administrative Improbity” topics, by Judge Roniclay Alves de Morais; “Procedural Aspects: Sanctions, Prescriptions and res judicata, by Judge Jocy Gomes de Almeida; “Judicial Aspects of Administrative Improbity and Intertemporal Law”, by magistrate Hélvia Túlia Sandes Pedreira; “Procedural Aspects: Administrative Procedure and Judicial Process”, by Judge Jefferson David Asevedo Ramos and “Precatory Law”, by Judge Rosa Maria Gazire.
The Workshop aimed to promote a reflection on the importance of discussion spaces, to make public agents aware of the Judiciary’s actions regarding administrative misconduct proceedings, in accordance with recent legislative and jurisprudential changes, so that they can conduct their administrative activities with more knowledge, adopting an ethical and committed posture to inhibit misconduct.
