Justice Alexandre de Moraes, of the Federal Supreme Court (STF), decided today (27) to suspend sections of the Administrative Improbity Law (LIA). The injunction was motivated by a direct action of unconstitutionality filed by the National Association of Members of the Public Ministry (Conamp).
The decision affects the devices that deal with the autonomy of the Public Prosecutor’s Office, divergences in the courts in the application of the law, the loss of political rights and administrative and criminal accountability.
Moraes suspended the section that removes impropriety in cases where the conduct practiced by the accused is controversial by the courts. The minister also assured that the loss of public function after conviction can occur regardless of the position held.
The decision also prevents filing of impropriety action after criminal acquittal on the same facts.
The action was filed in September by Conamp. Among the arguments presented, the entity claimed that the amendments to Law 14,230/2021, which amended the Improbity Law (Law 8,429/1992), usurped the attributions of the Public Ministry and violated the functional independence of the body.
