Administrative Improbity and the Notion of Permitted and Prohibited Risks

This article intends to investigate the distinction between an act of administrative improbity and a merely illegal act. To this end, it will delve deeper into the notions specific to Criminal Law, embodied in the conception of permitted risks and prohibited risks. The administrator's right to error will also be addressed. At the end, final considerations will be made, as a form of conclusion about the context investigated, in which it will be possible to verify the possibility of the applicability of such theories also in the context of administrative improbity. The methodology of the study, inserted in the dogmatic legal aspect, is based on the study of bibliography, legislation and jurisprudential understandings on the topic.