News

Thiago Araújo and Daniella Felix Teixeira have published an article on the recognition of the limitation period for claims for punitive damages and reimbursement to the public purse by the TCU

Share

Our partner Thiago Araújo and our solicitor Daniella Felix Teixeira have published an article in *Revista Consultor Jurídico* (ConJur) on the decision by the Federal Court of Accounts (TCU) to recognise the limitation period for claims for punitive damages and reimbursement to the public purse, following the Federal Supreme Court’s (STF) ruling on Case 899.

This development led to the issuance of TCU Resolutions No. 344/2022 and 367/2024, which seek to establish a specific statute of limitations regime within the scope of external control, setting a five-year limitation period, defining the starting points, and regulating the grounds for interruption and suspension.

According to Daniella and Thiago, this regulatory effort, in theory, would represent a move towards the guidance established by the STF, particularly with regard to overcoming the doctrine of the imprescriptibility of claims for compensation. However, the practical application of the guidelines may reveal points of tension between the two courts, especially regarding the definition of interruptive events.

Read the full article.

Authors

news

You may also be interested in

Mauricio Jayme e Silva is a...

Our partner Mauricio Jayme e Silva joined the Capital Markets Committee of the São Paulo Bar Association (OAB SP) at the end of July. The Committee promotes the study and discussion of strategic issues aimed at strengthening and modernising the capital markets in Brazil. Congratulations, Mauricio! We wish…

Bernardo da Costa e Silva takes...

Our partner Bernardo da Costa e Silva spoke to *Valor Econômico* in a report covering yesterday’s (25 August) decision by the Board of the Brazilian Securities and Exchange Commission (CVM) in favour of the takeover bid for Oncoclínicas, valued at around R$ 6.5 billion. The newspaper reported that…