Jurimetric analysis of judgments based on the Anti-Corruption Law and judicial control in administrative liability proceedings

Abstract

The research examines the judicial control in administrative processes of accountability governed by the Anti-Corruption Law, by observing judicial decisions from second instance courts, encompassing Appeals, Interlocutory Appeals, Writs of Mandamus, and Necessary Reviews. The work is divided into three parts: presentation of the methodological itinerary, exposition of the doctrinal and legal aspects of the administrative and judicial processes of accountability provided for in the Anti-Corruption Law, and analysis of the collected data through the study of judgments, their grounds, and the presentation of comparative graphs. The justification for this research is based on the relevance attributed to the accountability of legal entities in the administrative sphere, as well as the importance of examining the jurisprudential actions in accountability processes governed by the Anti-Corruption Law. With the law approaching its ten-year anniversary in August 2023, there is a need for greater academic production, employing a qualitative and quantitative approach through the analysis of judicial decisions. The methodology combines techniques of bibliographic research, jurimetrics, and documentary analysis, encompassing both quantitative and qualitative approaches. The results of this study highlight inconsistencies in jurisprudence, such as difficulties in researching court websites, the application of Necessary Reviews in cases related to the Anti-Corruption Law, and the application of the theory of administrative deference on a case-by-case basis.