Superior Tribunal de Justiça rules on official vehicle misuse

The Superior Tribunal de Justiça (STJ) has ruled that deviations from a designated route using an official vehicle during working hours only constitute administrative improbity if specific intent and motivation can be identified.

The 2nd Chamber of the STJ denied a request from the Public Ministry of São Paulo to administratively punish an employee of the Bauru Department of Water and Sewage. The individual was accused of improbity after making 49 route deviations over 35 days using an official motorcycle and consuming fuel for private interests.

However, the Court of Justice of São Paulo failed to identify the actual motivation behind these deviations. Consequently, the STJ determined that it was impossible to prove the specific intent required by Law 8.429/1992. Minister Teodoro Silva Santos stated that this lack of evidence prevents the recognition of the subjective element essential for characterizing an act of administrative improbity, as it cannot be legally concluded that the defendant acted with the specific purpose of illicit enrichment.