STJ rules specific intent required to characterize nepotism

The First Panel of the Superior Court of Justice (STJ) ruled that the absence of demonstrated specific intent (dolo específico) prevents the characterization of nepotism as an act of administrative improbity under Law 8.429/1992.

The case originated from an action filed by the Public Ministry of Minas Gerais against a mayor and his two daughters, who were appointed as municipal secretaries. While the Public Ministry argued that the appointments violated Supreme Court precedents and principles of public administration, the Minas Gerais Court of Justice (TJMG) found the request unfounded, citing the need for proof of specific intent to obtain undue benefit.

Relator Minister Paulo Sérgio Domingues noted that recent legislative changes via Law 14.230/2021 have introduced more favorable rules, including the exclusion of culpable misconduct and the requirement for specific intent rather than generic intent.