Control of the arbitrary discretionary act in grading the fine administrative penalty applied by the federal public administration, atecnia of the caput of art. 2nd and inobservance of the primariety of item 1, of Law 7,889/7989

Controle do ato discricionário arbitrário na gradação da pena administrativa de multa aplicada pela administração pública federal, atecnia do caput do art. 2° e inobservância da primariedade do inciso 1, da Lei 7.889/1989

Abstract

Arbitrary discretion and the lack of grounds for grading the administrative penalty in the federal administrative decision that maintained the conviction, compromises the validity of the federal administrative decision-making act and by virtue of the power of administrative self-protection in internal control, as well as striving for the observance of the rules that govern the specific activity of the federal ministerial body based on art. 53 of Federal Law 9,784/1999 and in Summaries 346 and 473 of the STF, the federal administration must proceed to annul the administrative decision that maintained the conviction, with retroactive effects, ex tunc, as well as the administrative act that imposed unreasonably on the administered / primary (non-repeat offender) a pecuniary penalty of R$ 175,000.00 (one hundred and seventy-five thousand reais), without motivating, specify the legal criteria observed in the gradation of the penalty, violating the principie of motivation of administrative acts, for offending constitutional principies, proportionality, reasonableness, by the federal public administration and is prohibited by the Brazilian legal system.