For Frederico Martins, consultant at FeldensMadruga Advogados, the main change in the text is the suppression of the guilty misconduct that causes damage to the treasury.
According to him, although the jurisprudence has always required the configuration of willful misconduct in cases of illicit enrichment and offense to the principles of public administration, there was the possibility of conviction for the practice of negligent acts of impropriety.
The accountability of negligent acts, he assesses, could confuse the inefficient manager with the inept manager, in a true demonization of public management acts.
“It will be up to the Judiciary, in view of the relevant legislative change, to find the balance between the necessary punishment for the wrongful acts and the undesirable excesses in the application of the law of improbity by the prosecution bodies” he says.
Check the full text in portuguese here.