A imprescritibilidade da ação de ressarcimento por danos ao erário decorrentes de atos de improbidade administrativa praticados por agentes públicos

Abstract

The following study aim to analyze the content of the article 37, § 5º of the Federal Constitution according to the established on the administrative improbity law, noticeably facing the reservation of the Major Law`s text where hover doubts about the prescriptibility of the action of the trea sury`s compensation. This exception to the rule makes the action against public servers obviously indefeasible as a result of unlawful acts that damage the public goods. On this context, a reflection has been started regarding the civil responsibility of t he Estate, the prescriptibility institute itself and the existent conflict, under the hypothesis, between two constitutional principles, which are the protection of the public goods and the search for the legal security of the individual facing the punisha ble action of the Estate, as well as the analysis of the aforementioned laws. At last, arise the necessity of exposure of the matter on the jurisprudence scope demonstrating the Supreme Court interpretation of the prescriptibility and imprescriptibility theses, establishing the orientation that the under the jurisdiction must follow.