STF decides that Audit Courts can condemn mayors and governors for administrative improbity

The Plenary of the Federal Supreme Court (STF) confirmed the understanding that state Audit Courts can sentence governors and mayors to fines and other penalties due to administrative improbities in the transfer of funds from agreements made between states and municipalities.

The measure was adopted unanimously by the plenary, following the request of Charles Luis Pinheiro Gomes, former mayor of the Municipality of Alto Paraíso (RO). He asked the Supreme Court to annul the decision of the Rondônia State Audit Court (TCE-RO) that sentenced him to pay debt and fine for irregularities in the execution of an agreement signed with the state government.

According to the STF resolution, in cases like this, penalties may be applied when the personal responsibility of members of the state and municipal executives for irregularities is proven.

The Supreme Court also established that such decisions by the Audit Courts do not need to be judged or approved by the Legislature. The topic was judged in the Extraordinary Appeal with Appeal (ARE) 1436197, and has recognized general repercussion (Theme 1287).

Minister Luiz Fux, rapporteur of the matter, commented that, in the previous judgment on this topic, RE 848826 (Theme 835), the Supreme Court had only prohibited the opinions of the Audit Courts from being used to reject annual accounts from mayors and, thus, , used as a way to make representatives ineligible.

According to the minister, this limitation is not an obstacle for the Courts to exercise their supervisory functions, given the autonomy guaranteed to them by the Federal Constitution.

Fux also stated that one of the responsibilities of the Audit Courts is to define the responsibility of the controlled authorities, as well as to apply the punishments provided for by law, if irregularities are found in administrative procedures.