The firm’s partner, Filipe Vieira, in co-authorship with Rayna Cristo, contributed the chapter “Negligent administrative improbity, retroactivity of the more lenient law, and the ‘competent court’: the problem of item 3 of Theme 1,199 of the Federal Supreme Court (STF) and recent understandings of the Superior Court of Justice (STJ)”, in the book “Administrative Improbity: relevant aspects of Laws 8,429/92 and 14,230/21”, coordinated by Eduardo Vieira Busch.

The chapter analyzes the impacts of the mitigated retroactivity introduced by Law 14,230/2021 in cases of negligent administrative improbity in which no appeal has been filed by the accusing party.

The authors highlight the problematic nature of the understanding adopted by the Federal Supreme Court, which orders the return of the case records for analysis of the possible existence of intent (mens rea), even in situations where the prosecution has accepted the original decision.

The reflection aims to contribute to the debate on the coherence of the legal system and the limits of beneficial retroactivity within the scope of administrative improbity law.