Restitution function of civil liability in face of unrighteous agents an analysis of the institute of restitution for the illicit profit due to the practice of acts of administrative improbity

Abstract

This article intends to carry out an analysis of the possibility of applying the restitution protection due to the acts of administrative improbity that cause illicit profit to the unrighteous agent. Therefore, an approach is made to the so-called multifunctionality of contemporary civil liability, listing the new functions recognized by the Brazilian doctrine. Afterwards, it seeks to discuss the restitution function of civil liability, listing its main characteristics and objectives. In a third moment, still within the restitution function of civil liability, an analysis of the institute of restitution for illicit profit (disgorgement) is carried out, addressing its concept, history, grounds, incidence hypotheses and legal framework. Finally, relating the idea of illicit act and plurality of its effects, the possibility of applying the restitutionary protection due to face of acts of administrative improbity that cause illicit profit to the unrighteous agent is addressed, considering the specifics of handling such a remedy in the face of acts of this nature.