Extension and Scope of the Concept of Public Agent: analysis of the Court HC 138,484/DF

Extensão e abrangência do conceito de funcionário público: análise do Julgado HC 138.484/DF

Abstract

Th is article analyzes the judgment of HC 138,484/DF, therefore, its object of study is the concept of public official - its extension and scope in relation to the provisions of article 327, § 1º, of the Penal Code. Thus, after scoring the fun damentais of ministerial votes, the exam critically explores the main arguments listed - by investigating the use of the term civil servant, before and after the validity of the 1988 Federal Constitution, as well as through the plausibility of incidence of the article 327, § 1°, of the Penal Code with regard to the liability of directors of social organizations. Finally, highlighting Law 8,429/92 and Law 9.637/98, the article presents the author's understanding of the correctness of what was signed in the HC 138.484/DF judgment.