The public administration fear’ and the new administrative misconduct law (Law 14.230/2021): possible impacts in public administrative decisions

Abstract

This article aims to study h the decision-making of the public administrator and the occurrence of administrative misconduct. This is a problem that incurs on the phenomenon known as the “Administrative Law of Fear”, which substantially harms decisions in Public Administration and, therefore, harms public managers, making it essential to seek alternatives for better handling of the responses given in favor of the primary public interests. Among such alternatives, there’s the Lei n. 14,230/2021, which changes the Administrative Misconduct Law. Thus, here is the research problem: is the new administrative misconduct law (Lei n. 14.230/2021) capable of improving public administrator decision-making? To do so, through a bibliographic review, the article presents in the first section the general concept of the Administrative Law of Fear and decision-making, to then delve into the main aspects and changes of Lei n. 14.230/2021. It is concluded that Lei 14.230/2021 can be presented as a way to mitigate the Administrative Law of Fear, in improvements to public management.