São Paulo Court acquits former São Vicente officials of improbity

The São Paulo Court of Justice (TJ-SP) has upheld the acquittal of former São Vicente mayor Luis Claudio Bili Lins da Silva and his former finance secretary, Wagner Ruiz Rodrigues, regarding allegations of administrative improbity. The case involved the diversion of approximately R$ 2.7 million, originally intended for beach remodeling at Praia do Itararé, to cover municipal expenses such as the public payroll.

The court ruled that the diversion of funds does not constitute administrative improbity without proof of specific intent (dolo) to cause harm to the public treasury. Under Law 14.230/2021, the court noted that while the funds were used for purposes other than the original agreement, the actions served a primary public interest and lacked the subjective element of bad faith required for a conviction.

Legal experts note that the 2021 changes to the Administrative Improbity Law have increased legal security for public managers by requiring proof of intent rather than mere negligence. This shift aims to distinguish between administrative errors and deliberate fraud, addressing concerns that previous legislation caused a “fear of signing” among qualified professionals due to the risk of being punished for unintentional mistakes.