STF forms majority to validate award-winning denunciation in impropriety actions

The ministers of the Federal Supreme Court (STF) formed a majority this Monday (26) to consider valid the use of plea bargaining in actions filed by the Public Ministry (MP) to investigate acts of administrative impropriety.

The judgment takes place in the virtual plenary until Friday (30) and has general repercussions – that is, it becomes valid in similar cases in lower judicial instances.

In the decision of rapporteur Alexandre de Moraes, the minister bases his vote on law 12.850/2013, which authorizes the use of award-winning collaboration in public civil actions brought by the MP for acts of administrative impropriety, provided that there is sufficient evidence to prove the information provided (see in full).

According to the magistrate, the agreements signed with the Justice must be sent to the designated judge along with the collaborator’s statements and a copy of the investigation, so that there is a new testimony before the magistrate.

Moraes also states that the agreements already signed only by the Public Prosecutor’s Office are preserved until the date of the judgment, provided that there is a forecast of full compensation for the damage, they have been duly approved in court and regularly complied with by the beneficiary.

The vote was accompanied by Ministers Dias Toffoli, Edson Fachin and Gilmar Mendes, Rosa Weber, Roberto Barroso and Cármen Lúcia.

The ministers were considering an appeal by persons cited by the Publicano Operation, triggered by a complaint by the Public Prosecutor’s Office that found a criminal organization formed by public agents of the State Revenue Service of Paraná that sought to obtain undue advantages from entrepreneurs in the coffee sector.