CRIMES AGAINST PUBLIC ADMINISTRATION IN THE BRAZILIAN PENAL CODE: PROTECTION OF ADMINISTRATIVE MORALITY AND LIMITS OF CRIMINAL LIABILITY

Abstract

This study addresses crimes against Public Administration under the Brazilian Penal Code, with emphasis on the protection of administrative morality, functional probity, and public trust in state institutions. Considering the difficulty of distinguishing criminal offenses, administrative infractions, and mere management failures, it discusses how the crimes of embezzlement, extortion by a public official, corruption, and breach of official duty should be interpreted in light of the constitutional limits of Criminal Law. The objective is to analyze the criminal-law treatment given to the main functional crimes, understanding Public Administration as a legally protected interest, the concept of public official for criminal purposes, and the jurisprudential developments related to intent, evidence, and the principle of insignificance. To this end, the research adopts a qualitative, exploratory, bibliographic, and documentary approach, based on criminal-law doctrine, the Federal Constitution, the Penal Code, related legislation, and selected rulings from the Federal Supreme Court and the Superior Court of Justice. Thus, it is observed that the criminal protection of Public Administration goes beyond the patrimonial dimension, reaching institutional values linked to the regularity and legitimacy of public functions. It concludes that criminal liability must be firm, yet technically delimited, requiring typicality, intent, and actual harm to the legally protected interest.