Aras defende que mudanças em Lei de Improbidade Administrativa não devem retroagir
O procurador-geral da República, Augusto Aras, defendeu que as mudanças da nova Lei de Improbidade Administrativa não devem retroagir para beneficiar agentes públicos condenados com base na legislação anterior. Em manifestação enviada ao Supremo Tribunal Federal (STF), ele apontou que os novos prazos prescricionais só devem valer a partir de 2021, quando a nova legislação foi promulgada.
O tema será analisado pelo plenário do STF em 3 de agosto e interessa diretamente a classe política, entre eles o atual presidente da Câmara dos Deputados, Arthur Lira (PP-AL), condenado em segunda instância por improbidade em Alagoas.
Esta semana, uma decisão do Superior Tribunal de Justiça (STJ) suspendeu duas condenações com base na lei antiga que impediam o ex-governador do Distrito Federal José Roberto Arruda de disputar a eleição de outubro.
O julgamento do STF terá repercussão geral, isto é, o entendimento firmado pelos ministros no plenário passará a balizar as demais decisões em todas as instâncias.
No parecer, Aras afirmou que reconhecer a prescrição com base em parâmetros não vigentes no momento da prática do crime representa uma violação à segurança jurídica. “Posição contrária implicaria anistia transversa de atos de improbidade perseguidos, a tempo e modo, pelo Estado, em retrocesso no tocante ao cabedal protetivo representado pela Constituição Federal e pelos tratados internacionais.”
Aras também defendeu que a exclusão do texto...
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