Conflicts of interest in senior public administration

Abstract

This study analyzes the legal framework governing conflicts of interest in Brazilian public administration, focusing on the Law of Conflicts of Interest No. 12.813/2013 (LCI). The research, both theoretical and qualitative in nature, is based on a doctrinal review and legislative analysis to examine the constitutionalization of the public interest and the limits imposed on administrative discretion. It was found that the LCI, a product of international anti-corruption commitments, expanded the catalog of acts of administrative misconduct by defining situations of conflict between public and private interests. The law establishes a broad concept of conflict of interest, enumerates specific situations in which it may occur during or after the exercise of public office, and provides for severe sanctions, including dismissal and subjection to the Administrative Misconduct Law. The law represents a fundamental advance in the protection of administrative morality and the implementation of the constitutional principles of impartiality and the exclusive pursuit of the public interest, requiring state officials to conduct themselves with loyalty and transparency.