In an interview with CNN This Wednesday (10), the executive coordinator of the Brazilian Society of Public Law (SBDP), Vera Monteiro, stated that it is impossible to review all cases of administrative improbity if the Federal Supreme Court (STF) applies retroactivity in the new Law of Administrative dishonesty.
“If the STF understands the law in relation to this aspect of the qualification of the act of improbity, we must have difficulty in operationalizing this retroactivity”, he said.
In addition, the expert pointed out that “there may be recognition of the prescription in cases where there has already been a final decision made by the Judiciary”.
For Vera, the National Congress “should have included in the Administrative Improbity Law the transitional rules, whether in relation to the statute of limitations or in relation to the review of acts of improbity”.
The SBDP coordinator explained that, in the view of the rapporteur of the Administrative Improbity Law, Minister Alexandre de Moraes, “nothing of the new law applies to the past. The ongoing processes are still ongoing, they will not benefit anyone, and the processes of the past end up as they were carried out, without any revision”.
So far, only ministers Alexandre de Moraes and André Mendonça have read their votes regarding the new law. Both did not recognize the application of retroactivity.
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Source: CNN Brasil