Alienação antecipada de bens em processos de apuração de atos de improbidade administrativa: uma abordagem a partir do dever fundamental de colaboração com a justiça

Abstract

This paper distinguishes intervention in federal entity, in the current three-dimensional model of the Brazilian federation, as a basis to analyze the main goal: the role of the Court of Accounts to require state intervention process against the Municipality. The article identifies, by a qualitative and deductive study, state constitutions which expanded material or formal conditions for state intervention as well as judgments of state interventions based on these state constitutional texts. By analyzing jurist’s opinion and judicial precedents of the Federal Supreme Court, one can conclude that the Court of Accounts has no constitutional legitimacy to start intervention process against these federal entities. Nevertheless, such a procedure has been adopted, which provides an absence of safety in Brazilian federalism because of the mitigation of the municipal autonomy caused by intervention in the federal entity by an act of management of a political agent, which results a double victimization of the federal entity