Some specialists interpret said constitutional provision literally and find that the compensation for losses caused to the Government would not be subject to any statute of limitations. They also understand that the non-applicability of the statute of limitations on compensation actions would primarily aim to protect the public treasury. Statutes of limitations, however, have as primary purpose to provide legal certainty, once they impose time limits for the filing of punitive claims.
The apparent reasonableness of the arguments in favor of the non-applicability of the statute of limitations becomes weaker when confronted with the scope of the legal definition of statutes of limitation, which serves the achievement of a greater benefit: the certainty in legal relations, a fundamental value that cannot be threatened due to asset-like interests even if in favor of the Government.
Therefore, we believe that the STF should follow the line of reasoning adopted in the judgment of Special Appeal RE No. 669.069, which defined a deadline for the filing of actions by the Government in cases of administrative misconduct or improbity. It would not make sense to treat actions for compensation due to administrative misconduct or improbity as an exception, once statutes of limitations result from the principle of legal certainty.