Politicians will benefit if the rule applies to cases prior to its validity; score is 3 to 3
The Federal Supreme Court (STF) resumes this Thursday (18.Aug.2022) the judgment that will define the retroactivity of the Administrative Misconduct Law.
Ministers disagree on the possibility of the law retroacting to benefit accused or convicted politicians. The score is 3 to 3.
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Ministers Edson Fachin and Roberto Barroso voted for the total non-retroactivity of the new law. André Mendonça, Nunes Marques and Dias Toffoli voted in favor of retroactivity for open cases in the culpable modality (without intention). There are differences of understanding in the votes presented by each magistrate.
The rapporteur, Alexandre de Moraes, voted for the non-retroactivity of the new rule for cases already closed and with final conviction. For open cases, the magistrate defended that public agents prosecuted based on the previous law, but with cases still open, can no longer be punished for culpable improbity, since the new law revoked this type of sanction.
Politicians such as the Speaker of the House, Arthur Lira (PP-AL), could benefit if the Court decides that the new law is retroactive. Other politicians who may benefit are the former governor of Rio de Janeiro Anthony Garotinho (União Brasil) and the former mayor of the Rio de Janeiro capital Cesar Maia (PSDB), vice-president Marcelo Freixo to the government of Rio.
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