The Federal Supreme Court (STF) decided to decide today, that the Court will decide whether to decide today by Congress at the beginning of the changes, approved by Congress at the beginning of the changes. The trend, according to ministers heard by GLOBO, is to maintain the understanding that the rule should be applied retroactively, that is, for managers convicted before the Legislature makes the legislation more flexible.
There are currently at least 147 cases on the subject waiting1 for a definition across the country. The forecast is that it will take you to four sessions, it may extend to two weeks. The STF session will be closely monitored by the political class and can directly impact the political candidacy of important names on the national scene.
The STF owes what was delimited by Congress, that the rights established to maintain the public function and the rights of appeals, such as prescription periods, for public punishments and defined for managers, are limited. This section, according to reports made to the report, should be the main point of disagreement between ministers. In practice, the definition made by the beneficiary Parliament framed by administrative improbity.
Another aspect that will also be considered in the assessments this Wednesday concerns the penalty for “guilt” irregularities. According to the new Misconduct Law, it will now be necessary to verify if there was “dolus”, that is, the intention to commit the crime. On this, the expectation is that the aspect of the ministers will maintain the text that was approved, although the need for greater amplitude “weakens” or that the norm, foreseen, is considered.
The divisions between the ministers should occur mainly between the more guarantor wing of the Court, which includes ministers such as Gilmar Mendes, Ricardo Lewandowski and Dias Toffoli, and the more “legalist” wing, made up of Luiz Fux, Luís Roberto Barroso, Rosa Weber and Edson Fachin, chosen to stop especially at the height of Lava Jato. The judgment will reveal how Nunes Marques and André Mendonça, the last two magistrates to take office in the Court, will behave on the subject.
The case is of interest to politicians who intend to compete as impeded to Limpa, by a collegiate, but who intend to compete as impeded to Limpa, for a month of October, but who dispute the Administrative Law of the Record. Among those who can benefit are the president of the Chamber, Arthur Lira (PP-AL), the former governors Anthony Garotinho (RJ) and José Roberto Arruda (DF), and the former mayor of Rio de Janeiro Cesar Maia, vice Marcelo Freixo’s ticket to the Guanabara Palace.
waiting for definition
Lawyer Francisco Zardo defends a former INSS worker whose case will be analyzed on Wednesday. He highlighted that, like his clients, most electoral people are elected by administrative improbity processes, and not politicians with pretension. Her appeal was presented before the new improbity law, since the defense or issues related to the statute of limitations already provided for in the old rule. With the changes in the law, it was also pointed out the fact that she was accused in the guilty modality, that is, with no intention of committing the act. The former servant, who was not convicted, was acquitted in the first instance, but her case has not yet been concluded in court.
– From a legal point of view, the discussion is relatively simple. A repressive law that in some aspects is more alive and therefore retroactive. In terms of law, this issue has long been a peaceful thing in civilized countries. If today it is no longer the case to punish wrongful conduct, it makes no sense to punish these people. Another point is that this does not mean that wrongful acts should go unpunished. There are a number of other actions prevented against servers in the face of wrongful acts. But criticisms that are very serious, based on the burden, of political rights, this is reserved for malicious acts – said the lawyer, adding: – There is this discussion, Arruda, Garotinho, Lira, but it has millions of anonymous servers.
According to the determination lawyer, which existed in the administration law, for example, that they can be used as new, are worth as examples, for example, that they can be applied and charge, for the public administration public to enter into contracts , as well as the public administration. The obligation to return what was diverted by intentional acts of administrative improbity remains imprescriptible. The new law also ruled that, once a misconduct action is filed, there is a four-year deadline for a sentence.
In a memorial delivered to the STF, Zardo courts in 23 cases of differences was applied retroactively.