Ação civil pública. Prescrição.
| Autor | Ricardo Sitzer |
| Ocupação do Autor | Sócio de Do Val, Pereira de Almeida, Sitzer e Gregolin Advogados. |
| Páginas | #4 |
Ressalvada a hipótese de ressarcimento de dano ao erário fundado em ato de Improbidade, prescreve em cinco anos a ação civil pública (Lei n. 7.347/1985), uma vez que, no caso dos autos, a pretensão poderia ser formulada em ação popular Observa que o pedido não está amparado em dano causado por atos de Improbidade, até porque, à época dos fatos tidos por ilegais, não estava em viger a Lel n. 8.429/1992. No âmbito próprio, no qual se Identificam as ações popular e civil pública, elas devem ter tratamento uniforme e, quando necessário, aplicação analógica: é o caso do prazo prescridonal previsto na ação popular como sendo de emeo anos (art. 21 da Lei n. 4.717/1965) e a lei da ação civil pública é silente, impondo-se sua aplicação analógica. Note-se que, no caso dos autos, o MP estadual ajuizou a ação civil...
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