Supreme Court decides the Federal Court of Accounts is not fit to exercise control of constitutionality in Brazil

After the ruling session concluded last Monday (4.12.2021), the Supreme Court ruled by majority (9×2) that the Federal Court of Accounts is not allowed to review the constitutionality of laws and normative acts in Brazil. With that in consideration, the Court surpassed the Precedent 347, edited in 1963, that previously authorized this type of review by any Court of Accounts throughout the country.

This ruling may have a direct impact on procedures already finalized or ongoing, encompassing all decisions and procedures of the Court of Accounts that may have explicitly or implicitly reviewed the constitutionality of the law or normative act, no matter if it happened on pre-trial phase or on trial ended by ruling.

The consolidation of this guideline by the Supreme Court may have strategic impact on ongoing administrative cases or on potential judicial review of Court of Accounts decisions.

Our Public Law team is ready to assist you on the analysis of the application of this ruling to your strategic litigation before Court of Accountings or in judicial review of Court of Accounts decisions.