Judge decrees unavailability of assets of the mayor of Serra do Navio up to the limit of R$ 177.8 thousand – News of Brazil
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Paulo Silva
Politics Editor
Judge Fabiana da Silva Oliveira, from the Single Court of the District of Pedra Branca do Amapari, granted an injunction requested by the Public Ministry of Amapá and decreed, this Monday (6), the unavailability of assets belonging to Mayor Elson Belo Lobato, of Serra do Ship, up to a limit of R$ 177,850.00.
The decision was taken in a public civil action for liability for property damage caused to public property in the municipality of Serra do Navio, against Elson Belo Lobato and João Gerson Moraes Cardoso, then Secretary of Finance.
According to the MP, during the month of June 2021, Elson and João Gerson acted, in the exercise of their respective functions, in complete disregard for the rules of financial and budgetary law, thus allowing the amount of R$ 177,850.00 was withdrawn from the bank accounts of the municipality of Serra do Navio in an improper and illegal manner for the benefit of third parties, not yet identified.
As determined by the Public Ministry, the payment system for public expenses in Serra do Navio worked – as it still does – in the following way: municipal departments that have their own fund (such as health and education) operate the bank account of the respective fund autonomously. (which has its own CNPJ). In the case of these departments, payments can only be made through the joint use of two access keys with a password, provided by the financial institution, one key belonging to the secretary of the department and the other to the fund coordinator. In the case of secretariats that do not have their own fund, public expenses are the responsibility of the Finance Secretariat (which uses the municipality’s CNPJ), whose payments can only be made through the joint use of two access keys with a password, one belonging to to the secretary and another belonging to the mayor.
The MP argues that Elson Belo, favoring his complacency over the law, handed over his access key and password to João Gerson, so that he was able to make, alone, the municipal payments that could only be made with the action of at least two agents.
The MP representatives added to the file transcripts of conversations in which the mayor, in a desperate manner, allegedly asked to know how much money was in the accounts of municipal funds and the treasury itself, demanding that bank transfers be made. He states that the person João Gerson was talking to had no knowledge of basic information about the city hall and yet the secretary continued to deal, via WhatsApp messages, with large payments to be made to natural persons (individuals) who were completely unknown to the municipal Executive .
“Whether or not the conversations were strange, a Finance/Treasury Secretary could never make payments without knowing what it was about. If he did so by order of the mayor or anyone else, he acted imprudently and, as he caused damage to the treasury, he must be responsible for it”, quotes excerpt from the action.
In her decision, judge Fabiana Oliveira says that the action provides evidence that the conduct of the defendants (Belo and Gerson) may have caused damage to the treasury as stated in the initial narrative, and what can be inferred from the documentation included in the investigation files that instruct action.
“There is verisimilitude in the initial allegations indicating the possibility that the defendants may have harmed the public property of a rural city with few inhabitants and which, like all cities in this condition, also faces great difficulties in providing its citizens with the minimum amount of assistance in the areas of health, education and security, configuring an affront to the moral and social principles enshrined by CF/88”, wrote Fabiana Oliveira when granting an injunction to decree the unavailability of the mayor’s assets up to the limit of R$ 177,850.00.
Elson Belo is serving his second term as mayor of Serra do Navio, is facing impeachment proceedings in the City Council and was even removed from office, having returned by court decision.
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