The stabilization of acts favorable to the administrator over time: comments on Mandamus 39,976/DF

Abstract

This article analyzes the precautionary measure granted by the Supreme Federal Court (STF) in Writ of Mandamus No. 39.976/DF, filed by the widow of a retired federal public servant. The controversy revolves around the decision of the Federal Court of Accounts (TCU), which considered illegal the simultaneous inclusion of two pecuniary benefits in the calculation of the petitioner's pension, even though both had been incorporated into the deceased's retirement more than thirty years ago. The text delves into the analysis of the TCU's competencies, according to Article 71, III of the Federal Constitution, distinguishing between acts of granting (active administration), assessment of legality (control), and registration (verification), and also relates the principles of legal certainty, legitimate expectation, and administrative morality, to conclude that the stabilization of administrative acts, even if originally flawed, promotes the restoration of legal order. Thus, in the case discussed, although the pension derives from retirement, each has its own requirements, so that the flaws of one cannot contaminate the other after stabilization. In summary, the comments clarify that the Supreme Federal Court's decision reaffirms the principle of legitimate expectation and delimits the scope of the Federal Court of Accounts' (TCU) oversight, preventing the reversal, even indirectly, of administrative acts stabilized by the passage of time.