The ne bis in idem principle and the discount principle in the introductory law to the norms of Brazilian law

Abstract

This paper treats the potential consequences of the new public law rules included in the Lei de Introdução às Normas do Direito Brasileiro (LINDB) on concretization of the ne bis in idem principle. In the beginning, there’s highlighted some generical aspects those can bring some law insecurity, as the subjection to consequentialist interpretations of the three different spheres mentioned in the law, in particular due to the mention to one subspecies of administrative instance, that it would be the controller, what it exposes the effective existence of an bis in idem in Brazilian control law. In spite of that, it is highlighted the adoption of the named taking in account or compensation principle stayed in the art. 23, §3º, of the Act, which softened the current rules those permits the bis in idem. At last, it is showed a hypothetic case of public procurement fraud in order to demonstrate how the taking into account principle could be used to sanctions of identical nature applied in different judicial, controller and administrative suits.