Accused of opening credit for more than 290% of the municipality’s budget, Dudão has a trial scheduled by Justice – News of Brazil
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Judge Mayra Júlia Teixeira Brandão, from the Single Court of the Comarca Mazagão, scheduled for July 12 the trial of the class action brought by Benedito da Silva Braga and the Public Ministry of Amapá against João da Silva Costa, mayor of Mazagão, and against the secretaries finance and administration, accused of repeatedly failing to comply with the constitutional duty of transparency of public acts, given the lack of publications in the official gazettes published in 2020, of acts related to the bidding processes for the acquisition of materials and provision of contracted services by the municipality of Mazagão in the current year.
According to the author, since the beginning of the mayor’s term, the civil servants’ payrolls or even proof of regular social security payments have been inaccessible, and the Transparency Portal always shows the same message: “A problem was detected in the execution of the operation requested”.
The city hall also does not present any publication related to inaugural public notices, justifications, list of participants and results of bidding processes carried out during the year, implying that, although the municipality of Mazagão has not acquired any good or service in the year 2020, Mayor Dudão opened additional credit for excess revenue collection in the percentage of 293%, demonstrating that the public revenues of the municipality of Mazagão are being used illegitimately and without due transparency and publicity.
In the action, the plaintiff asked for an injunction to be granted, so that the following measures could be determined: suspension of all payments related to the acquisition of goods and services in the year 2020, under penalty of a fine of R$ 10 thousand per day of non-compliance, to be applied in the person of Mayor Dudão and the secretaries of finance and administration; subpoena for them to present a copy of the documents and information requested based on the Law on Access to Information, under penalty of a fine of one thousand reais per day of non-compliance; publication, in the Official Gazette of the Municipality of Mazagão and on the Transparency Portal, of all administrative acts whose publicity is imposed by law, under penalty of a fine of R$ 10,000 per day of non-compliance. At the time, in August 2020, Judge Saloé Martins, then holder of the district, granted the injunction and determined that the mayor comply with it. Since then, the mayor has been appealing the preliminary decision, including changing defense lawyers, but now the process has a trial date.
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