Investigations and proceedings involving crimes against public administration usually have very particular characteristics: they tend to be more complex, involve several oversight bodies, and can affect both public officials and private individuals who deal with the government. This guide explains, in general terms, what characterizes these cases and what is usually at stake.
What crimes against public administration are
These are conducts defined under criminal law that undermine the regular functioning, morality and legality of public administration. They include, among other situations, misappropriation of public funds, corruption involving public officials and private individuals, fraud in public bids and administrative contracts, and improper use of a public position for one's own benefit or that of third parties.
Who can be investigated
Contrary to what many people assume, these proceedings don't only reach civil servants and politicians. Businesspeople, service providers and other private individuals who deal with the government — through contracts, public bids or agreements, for example — can also face charges for crimes committed together with public officials or independently.
Characteristics of these cases
- They frequently involve longer investigations and extensive documentation;
- They can involve the simultaneous action of different bodies, such as the Public Prosecutor's Office, the Federal or Civil Police, the Court of Auditors (Tribunal de Contas) and internal control agencies (Controladoria);
- They often include measures such as search and seizure, the lifting of banking and tax secrecy, and asset freezes;
- In certain cases, they may proceed alongside administrative improbity actions (ações de improbidade administrativa), which are civil in nature and carry consequences distinct from the criminal sphere.
Administrative improbity and crimes against public administration are distinct spheres of liability — with their own rules, evidence and consequences — even though they may be discussed based on the same facts. [CASE LAW TO CONFIRM]
Possible repercussions
Beyond the criminal consequences themselves, these cases often bring additional repercussions: impact on a civil servant's career, restrictions on a company's ability to contract with the government, and public exposure, given the institutional nature of the investigations. For this reason, defense strategy in these cases usually involves not just the criminal sphere, but a broader view of the consequences at stake.
The importance of technical defense from the start
Given the documentary complexity and the involvement of multiple bodies, these cases usually benefit from a defense built from the investigative stage onward — analyzing each investigative measure, participating in interviews and, when applicable, challenging the legality of measures such as searches and the lifting of confidentiality.
If you are a public official, businessperson or private individual under investigation in a case of this nature, contact our team for a technical assessment of your case.