April 22, 2022

11:04

Bruno Pacheco – From Cenarium Magazine

MANAUS – After the Court of Audit of the Union (TCU-AM) denies the request for injunctive relief that pointed to allegations of irregularities and asked for the suspension of the contract for reform and modernization of the AM-010 road, which connects Manaus to the city of Itacoatiara, the Court of Auditors of the State of Amazonas (TCE-AM) also dismissed the complaint, with the same content, made by lawmakers Dermilson Chagas (PP) and Wilker Barreto (Citizenship) against Governor Wilson Lima (Union Brazil).

The monocratic decision was published on Tuesday, 19, in the Electronic Official Journal of the Court of Auditors. Unlike the TCU, the State Audit Court received the request for an injunction proposed jointly by members. In the complaint, the parliamentarians pointed out “possible irregularities in Bidding No. 002/2021-CSC, whose goal is the hiring of works on the state highway.

Among the irregularities exposed in the complaint, is the allegation that the bidding process that preceded the contract has evidence of favoritism. The reporting counselor Yara Lins, however, dismissed the request and claimed the absence of the assumption of “fumus boni iuris” alleged in the complaint, which would be necessary for the adoption of the action. The Latin expression, which means “fumus boni iuris”, is used when there are reasons or indications that the person who is alleging something in court is entitled to what he is asking for.

Denunciation rejected

In the publication, Yara Lins also understood that “the damage caused by the suspension of the rejected contract could be greater than the benefits that a measure of this kind could bring”, since the modernization of the highway seeks to enhance the rural production of the municipalities cut by the road, facilitating the flow of food production and generating income for rural families.

In the decision, the counselor of the TCE-AM also explains that, in the injunction, the analysis conducted on the facts and evidence produced in the file is summary and not final. “Summary, because founded on summary cognition, i.e., in the less in-depth examination of the cause, with only a judgment of probability and not a judgment of certainty. And not definitive because the (precautionary) protection may be revoked or modified at any time, for which reason I clarify that this reporter is considering and manifesting exclusively on the request for granting the precautionary measure,” says Yara Lins, in an excerpt from the decision, in which she disqualifies the complaint.

Court of Auditors of the Union

In January this year, the ministers of the Court of Audit (TCU), unanimously rejected the request for injunctive relief made by Lawmaker Dermilson Chagas on possible irregularities in the implementation of Contract 27/2021, signed between the State Department of Infrastructure (Seinfra-AM) and Consortium AM-010, for modernization of the state highway. Once again the complaint was rejected.

The contract was signed on July 1, 2021, for the amount of R$ 366 million and is valid for 22 months. The TCU considered that, although the indications of irregularity are of risk, materiality and relevance, they do not require the action of the House. Moreover, for the Court of Audit of the Union, the “executive failures identified can be resolved by forwarding the facts to Seinfra-AM for the adoption of internal measures within its jurisdiction.

According to the Court of Auditors, the contractor is obliged to repair the object of the contract where there are “defects, defects or inaccuracies resulting from execution or materials used. Also in the decision, the court determines that Seinfra be communicated about the facts of the case for the adoption of internal measures within its jurisdiction.

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