Judge admits carrying out expert evidence in the process in which Jaime Nunes charges more than R$ 4.2 million from the government of Amapá – News of Brazil
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Paulo Silva
Policy Editor
Judge Alaíde Maria de Paula, from the 4th Civil Court and Public Treasury Court of the District of Macapá, admitted the carrying out of expert evidence in the process by which businessman Jaime Domingues Nunes, who was deputy governor of Amapá, and candidate for governor in 2022 , charges more than R$ 4.2 million from the state government for expropriation of an area of land owned by him. The expert evidence will serve both to – through documentary research and georeferencing – define the extent of Jaime’s property and the expropriated part with the consequent evaluation of the latter and the amount of compensation due.
Alaíde de Paula will decide in the future, based on the opinion of the expert to be appointed, whether it will be necessary to appoint a specialist expert in another area of knowledge. The judge’s order is dated the 20th of this month. The case has been pending in state court since January 2023.
Jaime Nunes filed a common procedure lawsuit against the state of Amapá, claiming to be the owner of the property described as “Rural plot of land AD-04, plot 08, with an area of 4.3932 (four hectares, thirty-nine ares and thirty-two centiares) in the municipality of Macapá”.
According to the action, signed by lawyer Osmar Marinho, due to the alteration of the route of the North-South highway, the government of Amapá, through Setrap, informed that the property would be subject to expropriation, with an offer of R$ 1,244,000, 00 as compensation.
In a lawsuit before the Federal Court, there was a determination for Jaime Nunes to resolve the pending issues related to the expropriation of his property. Faced with the court ruling, he agreed with Setrap’s possession of part of the property but disagreed with the assessment presented by the department, stating that, according to a technical assessment provided by him, the amount of compensation should be R$ 4,256,381.46, hence to have sued the court so that the state is condemned to pay the indemnity it deems owed. The state of Amapá filed a defense defending the judicial correction that determined the expropriation and the evaluation presented.
According to Judge Alaíde Maria de Paula, the case does not require judgment in the state it is in, with no preliminaries to analyze or nullities to remedy.
“I note that the discussion on the legality and linkage of the author (Jaime) to the Justice decision
Federal is overcome since – in practice – the expropriation has already been carried out, leaving the discussion attached to the correction of the amount of the indemnity due.
Thus, the only controversial point is the amount of compensation owed to the plaintiff, with each party being responsible for proving the correctness of the amount it deems owed,” the judge stressed when admitting the carrying out of expert evidence.
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