Prefecture avoids damage of BRL 6 million to public coffers

prejudice

The damage could reach BRL 6 million due to a Rescission Action

Manaus (AM) – Manaus City Hall, through the Municipal Attorney General’s Office (PGM), won another court victory and avoided damage that could reach R$ 6 million to the public coffers due to a Rescissory Action, filed by Servi-San Vigilância e Transporte de Valores Ltda. The decision is by the judge of the Court of Justice of Amazonas (TJAM), José Hamilton Saraiva dos Santos, signed this last Wednesday (19).

For the municipal attorney responsible for the defense in the process, João Victor Martins, the court decision reinforces the importance of the PGM in defense of the public purse and that the demonstration was fundamental to guarantee another victory for the public patrimony.

“The oral support was important to demonstrate to the judges the procedural inconsistencies of the rescission, guaranteeing, through the judicious vote of the rapporteur, followed unanimously by the other members, the maintenance of the decision that avoided damage to the public coffers that, corrected, could reach BRL 6 million”

said the prosecutor.

In the Termination Action, the company tried to rescind the 2020 sentence of the 4th Public Finance Court of the Capital, which dismissed a charge of more than R$ 3 million to the municipality. In the document, she claimed that the decision violated the principle of good faith and the existence of a factual error for not having considered “the correlation between the contractual terms with the period of services provided and charged through the issuance of the Invoices issued”.

In the sentence, it was pointed out that the company did not prove the execution of the services and that the charges against the Public Treasury depend on a certificate of the effective delivery of the products or the provision of the services by a public servant designated for this purpose, not being enough the simple issue of invoices by the contractor.

In addition, according to the contractual provision, the company should present the invoices and respective certificates to the Municipal Finance Department (Semef) for administrative processing of the payment.

“The company did not produce sufficient evidence and did not file an appeal in a timely manner, giving rise to the final and unappealable decision of its collection process. Now he intended to use the Rescissory Action as an appeal substitute to reverse his conviction”

informed João Victor Martins.

The PGM defended the inadmissibility of the Action for Rescission due to an error in the collection of court costs and mandatory deposit, in addition to not complying with the specific requirements of the review, such as a manifest violation of the legal norm or an easily verifiable error of fact.

In his order, the rapporteur, Judge José Hamilton, upheld the decision in favor of the municipality and dismissed the present action filed by the security company. He was followed by the remaining members of the Assembled Chambers.

“I conclude that the causes of action formulated in the exordial do not find support in the cases of manifest violation of a legal rule or error of fact, capable of allowing the origin of the request for deconstitution of the res judicata”

argued the rapporteur in an excerpt from the decision.

The plaintiff was also sentenced to pay attorney fees in the order of 5% (five percent), on the updated value of the case.

*With information from the advisor

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