STF judgment will decide on the Misconduct Law and may affect elections

posted on 01/08/2022 05:54 / updated on 01/08/2022 07:18

Fux put on the agenda the retroactivity of the law at the request of the Speaker of the Chamber, Arthur Lira, after the meeting between them in early July - (credit: Fellipe Sampaio/SCO/STF)

Fux put on the agenda the retroactivity of the law at the request of the Speaker of the Chamber, Arthur Lira, after the meeting between them in early July – (credit: Fellipe Sampaio/SCO/STF)

One of the most awaited judgments for the second half of the year — the three lawsuits that question, in the Federal Supreme Court (STF), changes in the Administrative Improbity Law — could return eligibility to politicians who have already been convicted by the Justice and are prohibited from contesting. elections. The discussion on the subject, whose rapporteur is Minister Alexandre de Moraes, is scheduled for next Wednesday and holds the breath of many characters who intend to return to public life as of October.

The lawsuits question whether the changes introduced by Law 14,230/2021 can be applied retroactively. What is decided by the magistrates will have general repercussion, that is, it will be valid for all cases in progress related to the subject in the country.

The sanctioned text established that, for the conviction of public agents, proof of willful misconduct – the intention to commit the crime will be required. The understanding of the ministers can benefit politicians on the eve of the elections, such as the former governor of the Federal District José Roberto Arruda, who intends to run for a seat as a federal deputy. Another who would be allowed to have his name included in the electronic voting machines is that of the former governor of Rio de Janeiro and former federal deputy Anthony Garotinho.

The trial is one of the first items on the agenda in this resumption of the Judiciary – in recess since the beginning of July. The assessment responds to a request from the president of the Chamber of Deputies, Arthur Lira (PP-AL), who, in a meeting with the president of the STF, Luiz Fux, in June, asked the Court to maintain the changes in the law made by Congress.

In February, Moraes overturned a provision that gave the Public Ministry exclusivity to sue, in court, whoever committed an act of administrative improbity. Before the change in Congress, until then only the Attorney General’s Office (AGU) and state and municipal prosecutors had the prerogative to file lawsuits for misappropriation of public resources.

full agenda

The Judiciary resumes, today, the agenda of judgments and the routine of the Courts. In the STF, in addition to the assessment of the reform of administrative improbity, Fux included in this month’s agenda a series of judgments on topics ranging from taxation to data confidentiality.

The discussion on the action that questions state laws that establish control, monitoring and inspection fees for mining is the first item on the Supreme Court’s agenda. On August 10, an analysis will be carried out on the legality of the special prison for those who have a higher education degree.

Other notable trials are also scheduled for this month, such as the validity of using cell phones located at a crime scene as evidence; the action asks the STF to differentiate, within the Forest Code, which is the situation of sanitary landfills and dumps; and the requirement that the government must offer places in day care centers to all children up to three years of age.

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