The interim statute of limitations is the institute that manages the extinction of the State’s punitive intention due to a halt in the execution of procedural acts; aiming to prevent an administrative offense from being verified/investigated and, mainly, to curb inaction by the public administration. A recent judicial decision (BR nº 1000267-28.2016.4.01.0000) suspended an order by CADE commencing an Administrative Procedure (AP nº 08012.003021/2005-72), and its processing, on these grounds. In this case, the Federal Regional Court of the 1st Region condemned Cade’s sluggishness in practicing just one act in the procedure during a period of more than three years. The aforementioned act referred to a mere attachment of documents, which were insignificant to verify the offense. The decision is appealable. On another occasion, Cade’s Tribunal presented the scenarios and criteria for the admissibility of this institute at the administrative level, establishing that the criteria for verifying the characterization of the interim statute of limitations would be (i) the passing of a period of three years (ii) without the practice of any acts by the Public Administration intending to verify the offense. Thus, it is clear that, if the act had the intent to verify/investigate the infringement, the effectiveness of its result is irrelevant.
2016/03/18
