STF SUSPENDS FREEZING OF ASSETSAND PUBLIC CIVIL ACTION DUE TO
ADMINISTRATIVE IMPROBITY, DUE TO THE DISMISSAL OF A CRIMINAL ACTION
ARISING FROM THE SAME FACTS, IN RESPECT TO THE NE BIS IN IDEM
PRINCIPLE. THE DISMISSALL OCCURRED BECAUSE IT WAS CLEAR THAT THE
DEFENDANT WAS NOT THE PERPETRATOR OF THE WRONGDOINGS
The Supreme Federal Court, in the judgment of the Precautionary
Measure in the Constitutional Complaint No. 41557, determined the
suspension of the freezing of assets and the suspension of the
related public civil action due to administrative improbity,
brought against a former state representative of São Paulo,
until the final judgment of the Complaint.
The Rapporteur of the case, Justice Gilmar Mendes, argued that,
since the judgment of the Habeas Corpus no. 158319 recognized that
the defendant was not the perpetrator of the wrongdoings, the
public civil action, which involved the same facts, would not have
just cause. Consequently, neither would the freezing
