The legitimacy of the interested legal entity and the Federal Supreme Court

Abstract

Administrative improbity is one of the biggest problems in today's society. The concern with the correct performance of public functions and the correct allocation of State resources becomes increasingly relevant, considering that the current State model's functions are to guarantee and provide the necessary means for the enjoyment of fundamental rights. of its citizens. In view of this, this article seeks to uncover the elements that structure the fight against misconduct, presenting its constitutional system and those legitimized for its use. Furthermore, it seeks to delimit the bases of the active procedural legitimacy of the interested legal entity, that is, of the legal entity victim of the unlawful act, for the comparison of the constitutionality or unconstitutionality of its restriction by the ordinary legislator. The analysis will be anchored, essentially, in the guidelines established by the Federal Supreme Court in the judgment of ADI’s 7042 and 7043, so that the arguments will be dissected in one sense and the other, in order to understand what is the determination implicit in the constitutional text.