The Federal Supreme Court (STF) postponed to Wednesday (31) the conclusion of the trial on the constitutionality of a provision of the Misconduct Law that guaranteed the Public Ministry (MP) the exclusivity to file a misconduct action to repair damages to public coffers. 
In today’s session (25), the second day of judgment, the plenary reached the score of five votes to ensure that the MP does not have the exclusivity to propose actions, which can also be filed by legal entities interested in reparation.
The rapporteur of the process, Alexandre de Moraes, and ministers André Mendonça, Edson Fachin, Luís Roberto Barroso and Rosa Weber voted in this regard. Ministers Nunes Marques and Dias Toffoli partially diverged from the rapporteur.
After the votes, the session was closed so that the ministers could attend the inauguration of the president of the Superior Court of Justice (STJ), Maria Thereza de Assis Moura. The trial will resume on Wednesday.
injunction
In February, Moraes granted an injunction to ensure that the MP does not have exclusivity. In plenary, the rapporteur seeks a referendum on the decision by the other ministers.
The lawsuits were filed by the National Association of State and Federal District Attorneys (Anape) and by the National Association of Federal Public Lawyers (Anafe).
The entities questioned the provisions of Law 14,230 of 2021, a rule that promoted changes in the Administrative Improbity Law (Law 8429 of 1992), which removed the prerogative of the injured entities, such as states, municipalities and public bodies, to propose actions.
In addition to suppressing the prerogative of the entities, the associations alleged an affront to the autonomy of public advocacy and argued that other interested parties cannot be at the mercy of the MP’s performance.
