The 2nd Panel of the Superior Court of Justice (STJ) understood that, considering the protection of morality and public assets, “the parameters established by the 3rd Panel for the application of atypical enforcement measures find extensive support in doctrine and are also appropriate for the enforcement of a sentence rendered in a Misconduct Action.”
In this regard, the suspension of a driver’s license and the seizure of a passport would be subsidiary measures that must be justified and appropriate to the specific case, while also adhering to the principles of adversarial proceedings and proportionality.
According to the Panel, these atypical non-pecuniary measures would be authorized by Article 139, IV, of the Brazilian Civil Procedure Code (CPC).
On the other hand, there are opinions in state and regional federal courts suggesting the ineffectiveness of such measures for guaranteeing reimbursement to the public treasury, as well as considering them as restrictions on individual liberties.
Let us continue to monitor the subject within the scope of the STJ and other national courts. Especially within the Supreme Federal Court (STF), where ADI No. 5941/DF – although not specifically focused on administrative misconduct – was scheduled for November 4, 2021, which may influence this position inaugurated by the STJ.
*Judgment published on July 1, 2021, referring to REsp No. 1,929,230/MT. See also STJ’s Newsletter No. 695, dated May 10, 2021.
**The judge shall direct the proceedings in accordance with the provisions of this Code, being responsible for: IV – determining all necessary measures to ensure compliance with a judicial order, including in actions that involve pecuniary obligations.