Ministers analyze whether the sanction should be limited to the position held at the time of the irregular act or affect other functions
The STF () resumes this Wednesday (June 24, 2026) the judgment on the constitutionality of provisions of the reform of the Administrative Improbity Law, approved by the National Congress in 2021. The central agenda is to define the scope of the sanction of loss of public service for agents convicted of improbity.
The issue in dispute is the section of the law that limits the loss of position only to the function occupied by the agent at the time of committing the irregular act. The problem has gained weight because many processes are ongoing for years, a period in which the person being investigated can take on new positions or win elective mandates.
The ministers are divided into 3 positions on the topic. Alexandre de Moraes and André Mendonça, rapporteurs of the actions, lead the group that considers the restriction approved by Congress to be harmful to the effectiveness of the punishment. For this group, allowing the sanction to only reach the position at the time of the events would open the way for civil servants to escape the penalty by changing roles during the process. Luiz Fux, Flávio Dino and Cármen Lúcia follow this position.
In the opposite direction, the president of the STF, Edson Fachin, defends the full validity of the legislative rule. Fachin’s thesis is that Congress made a legitimate choice by linking the punishment to the position related to irregular conduct, preserving the principle of proportionality. Ministers Cristiano Zanin and Nunes Marques adhered to this position.
Gilmar Mendes presented a third copy. The dean agrees with maintaining the general rule created by the reform, but defends the removal of a specific expression from the device, which he considers incompatible with the Constitution.
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