Atos de improbidade administrativa e a controversa imprescritibilidade da pretensão de ressarcimento ao erário: aspectos do art. 37, & 5º da constituição federal

Abstract

This paper deals with the current controversy in doctrine and jurisprudence on the interpretation of art. 37, § 5 of the Federal Constitution (CF/88), mainly with regard to have supposed imprescritibility of the claim for reimbursement to the Treasury in the event of his committing acts of administrative misconduct. It shows the predominant position which includes the current Constitution created exception to the rule of temporal lapsing for the applicable sanctions to the acts of improbity (art. 23 of the Law nº 8.429/92). Nevertheless, it is seen that this idea was not pacified. Through doctrinal analysis and case studies, the different nuances of the controversy will be presented, which seems to have been resolved when the Supreme Court (STF) pronounced decision on writ of injunction nº 26210-9/DF.