The incompatibility between morality acceptance and negligence

Abstract

This is not a new theme. The gauging of guilt inside the responsibility of commited acts in the light of an administrative morality is perhaps one of the most discussed themes and one of the most consolidated ones inside the Brazilian jurisprudence, considering its prediction in only one of the articles of those whom predicted the act of improbity inside the Law 8.429/92, and premeditated responsibility on every other one. However, even though the theme has already been sedimented, we have not yet been resigned with the possibility of a fault-based responsibility, since, as far as we can see, guilt is incompatible with the concept of morality, even if that concept is not a positive-judicial one. This is why we have decided to look back into this discussion.