The Federal Supreme Court (STF) resumes this Wednesday (17) the judgment on the Administrative Improbity Law. The Court assesses whether the changes made last year can be applied to cases in progress and to those already defined.
The plenary can also analyze two actions that contest a device that assured only the Public Ministry the legitimacy to file a misconduct action.
Minister Alexandre de Moraes, rapporteur of the case, voted for the law not to retroact in past cases, but opened a loophole for those public agents who are still investigated or who have cases in progress in court.
In practice, by Moraes’ vote, the old rule of the law, which provided for public agents to be held accountable for wrongful acts (without intention), cannot be applied to cases that are still pending in court, in any instance, which can benefit a series of public and political agents with legal action.
Minister André Mendonça gave a broader vote towards the application of the new law. For him, the new rules should be applied to all cases in progress in Justice (which coincides with Moraes’ understanding).
In addition, in the case of a definitive conviction, Mendonça understood that the new rule can also be applied (it is up to the convict to appeal to Justice with a rescissory action to extinguish his conviction).
Mendonça also voted for the new statute of limitations of the processes, which have become shorter, to apply to those in progress.
What is Administrative Misconduct?
Administrative improbity corresponds to acts of public agents that damage the resources or property of the State, result in illicit enrichment or that are contrary to the basic principles of public administration. This illegal act has a civil character.
It can be committed by public agents, during the exercise of public function, and other people who participate in or benefit from the practice.
*With information from Gabriel Hirabahasi, Gabriela Coelho and Tiago Tortella, from CNN and the Chamber Agency
Source: CNN Brasil