OS FUNDAMENTOS DA PRESUNÇÃO DE RELEVÂNCIA E TRANSCENDÊNCIA PARA O RECURSO ESPECIAL EM AÇÕES DE IMPROBIDADE ADMINISTRATIVA E A EFETIVIDADE DOS DIREITOS FUNDAMENTAIS

After the promulgation of Constitutional Amendment No. 125/2022, which introduced the relevance filter for the special appeal, it started a debate regarding the concept and scope of this institute, especially when considering the hypotheses of presumption of transcendence inserted in the constitutional text itself. In this research, we seek to address the concept of the relevance filter, focusing on a specific presumption hypothesis addressed in the constitutional text: the presumption of relevance in administrative improbity actions. In this area, using the method of bibliographic and documentary review and an interdisciplinary approach, the aim is, then, to justify the presumption of relevance in this specific hypothesis, proposing the recognition, also, of a presumption of transcendence. In this way, an alternative is proposed to support the possibility of setting precedents of a binding nature in administrative improbity actions, as a general rule, as a way of giving greater effectiveness to a liability regime with outstanding importance in the legal system, aiming to achieve fundamental rights.