Our lawyers Daniella Felix Teixeira and Ana Luiza Moerbeck published an article in Migalhas on the debate regarding the statute of limitations for damage to the public treasury in the TCU and the divergence of understanding with the STF.

The controversy centers on whether the statute of limitations can be interrupted an indefinite number of times—the position defended by the TCU—or whether there is a single interruption, as argued by the STF.

The debate is taking place in the context of case TC 003.075/2009-9, which deals with a special audit initiated due to overpricing identified in the works of the Canal do Sertão Alagoano, and was triggered by a statement by Minister Bruno Dantas, warning of the risk of consolidating fragmented case law.

According to Daniella and Ana Luiza, the discussion reveals a significant institutional impasse that remains unresolved. On the one hand, there is the imperative to respect the STF’s jurisprudence; on the other, there are the operational and material challenges faced by the TCU.

According to the authors, the stance adopted by the TCU in the coming months will be decisive not only for ongoing proceedings but also for defining the limits of its sanctioning powers in light of constitutional guarantees.

Read the full article.