2023-10-252023-10-252023-07-03SILVA, Carlos Waldielisson Bento. Acordo de não persecução civil na lei de improbidade administrativa. Orientador: Aleph Hassan Costa Amin. 2023. 66 f. Trabalho de Curso (Bacharelado em Direito) – Faculdade de Direito, Instituto de Ciências Jurídicas, Universidade Federal do Pará, Belém, 2023. Disponível em: https://bdm.ufpa.br/jspui/handle/prefix/6287. Acesso em:.https://bdm.ufpa.br/handle/prefix/6287The present study focuses on the institute of the civil non-prosecution agreement, provided for in art. 17-B of Law nº 8.429/92, included by Law nº 14.230/21. At the time of enactment, any type of transaction was prohibited by art. 17, § 1º, of the AIL, which was amended by Law nº 13.964/19 allowing to conclude civil non-prosecution agreements. However, the article that disciplined the conditions for formalizing the agreements (art. 17-A of the AIL) was vetoed under the justification for going against the public interest and generating legal uncertainty. The veto caused deficiencies in the effectiveness of the instrument, which were partially corrected when the new law on administrative impropriety was enacted. With that, the Law nº 14.230/21 added art. 17-B to the AIL regulating agreements within improbity actions. Indeed, the retrospect points to a profound change in the understanding of carrying out transactions in the course of legal actions on the practice of corruption and improbity. Based on this premise, by means of a bibliographic review, the study analyzes the legislative evolution that culminated in the promulgation of the civil non-prosecution agreement, in order to understand the contours and vicissitudes in terms of decision-making agreements in the country. In the introduction, the agreement is approached as a historical phenomenon present since before the republic until the constitutional protection of administrative probity, in addition to the current critical panorama of judicialization and litigation. In the second topic, the legislative background and the doctrinal production around transaction modalities are explored, with emphasis on changes in the civil procedural system and the provision of specific instruments, such as the leniency agreement and the conduct adjustment term. In the third topic, the transformations in the AIL are studied until the inclusion of art. 17-B to the AIL by Law No. 14.230/21. In the fourth topic, the particularities of the new transaction mechanism are analyzed, evaluating its applicability in administrative improbity actions in view of the recent judgments of the Federal Supreme Court on the matter. Finally, the study concludes that, despite filling the normative gap left by the presidential veto of art. 17-A of Law nº 8.429/92, the civil non-prosecution agreement still faces latent questions regarding the effectiveness of itself in the scope of improbity actions, due to the legislative novelty, due to the continuous evolution of the doctrine of transactions and self-composition in the brazilian legal system.Acesso AbertoDireito administrativoLei de improbidade administrativaAcordo de não persecução civilAdministrative lawAdministrative improbity lawCivil non-prosecution agreement.CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITOTrabalho de Curso - Graduação - Monografia