The order suspends the decision in favor of Athletico regarding payments to Arena da Baixada

THE 1st Court of the Public Treasury of Curitiba This Thursday (22) he canceled the decision by order State Audit Court of Parana (TCE-PR) which requires the presentation of a brand new extra settlement to the state and the municipality Arena da Baixadain addition to sharing the closing worth of the work (R$346.2 million). athletic.

The decision of the courtroom got here after a public motion offered by the employer Fabio Aguayo Against the councilor of TCE-PR Fernando Augusto Mello Guimaraes. The case disputes the legality and jurisdiction of the Court of Auditors’ decision primarily based on a grievance made by the membership.

Last week, the City Council requested an extension of 30 days to adjust to the TCE-PR decision, a request that was additionally permitted this Thursday. On August 23, the case turned closing.

substitute decide Rafaela Mari Turra Athletico accepted the argument that it didn’t have the legitimacy to make this grievance and refers to the settlement signed throughout the renovation of the stadium. 2014 World Cup indicated the threshold for value sharing.

“Therefore, the foundation on which a grievance was being accepted – it should be confirmed, made by a non-legal particular person – seems to be fairly distorted to keep away from additional injury to the exchequer due to the utility of late charges in the future and on an advert hoc foundation. delay / reinstatement of the public entity [“indícios de materialidade de ilícito potencialmente danoso aos cofres públicos”], in truth, evidently the public establishment in no means agreed with this kind of obligation and, furthermore, it doesn’t appear that then the Court of Accounts might danger an inspection, which supplies it the mortgage. to him Now, the Court of Accounts should, first of all, guarantee the right use of public expenditure, audit the public accounts and never the different means round, i.e. impose new expenditure on the treasury, primarily based on conjecture and apparently distorted interpretations of the dedication. signed Through an settlement,” says an element of the decision.

motive to act

When requested for the report, Aguayo, who represents a number of class entities, replied that the motion was not institutional, as a result of it had to be signed as a citizen and as a person.

The entrepreneur is the president opening up (Brazilian Association of Bars and Discotheques) and vice chairman Sindiprom (Union of Promotional Companies) and feturism (Federation of Accommodation, Gastronomy, Leisure and Similar Companies).

According to the plaintiff, Between February and June 2021 he was additionally an advisor to the TCE-PR presidencyAn outdoors legislation agency’s investigation of your case.

“The fundamental conclusion was that the TCE-PR allegedly usurped the competence of the TJ-PR and processed the grievance made by the CAP as an actual non-public demand, imposing 1,000,000 bills on the municipality and the state, which, in accordance to what has been verified, is totally opposite to every little thing established in the tripartite settlement With that, we determined to take a public motion to take care of the treasury,” says Aguayo. He identified that he participated in a number of actions towards the metropolis corridor due to the losses throughout the Covid-19 pandemic..

Read the full assertion at the finish of the article.

Position of TCE-PR Director

Board member Fernando Guimarães, on the different hand, mentioned OneTwo Sports the one who has completed what he thinks is true for the case.

“There is an settlement, the triple obligation should be fulfilled. The quantity is predicated on the FGV report accepted in the courts. And the state and the municipality didn’t enchantment. This is the vote, there’s the obligation. The grievance is that since the contract had already expired, it couldn’t be prolonged or renewed But, in reality, it’s the deadline for fulfilling the settlement… I voted, the plenums permitted and the judgment was made. This is a authorized act, not my vote,” he mentioned.

Regarding Aguayo’s motivation and his latest go to to the Court of Auditors, Guimarães was transient. “I do not know something. I do not know why, however as a citizen you could have the proper to try this. The causes behind it, I do not know.”

The larger drawback?

Even if the preliminary injunction is subsequently revoked, the course of will proceed on its means and should even attain Brazil, Supreme Court of Justice (STJ)and that, surely, can be politically dangerous with the intention of closing Athletico’s “new trio” and ending the Arena case as soon as and for all.

The membership, for instance, is shut to closing the cost in the space 40 million BRL For the expropriations made to the metropolis council for the renovation of the stadium and the development of the press heart for the World Cup. The matter has been litigated and the membership misplaced in the first two situations.

At the similar time, he talks with the state authorities about the guidelines of a brand new modification to adjust to the TCE-PR decision, in addition to sustaining superior talks. Paraná Development, who made the loans for the work, to decide the kind and interval of cost – executions had already been suspended in the STJ. All this, of course, divided into three elements of R$ 346.2 million.

In the opinion of Athletico’s lawyer, Luiz Fernando Pereira, the situation is not going to be an impediment to discovering an answer to the Arena da Baixada situation. He cites the destiny of different related processes for example.

“This is the fourth public motion on the situation. The first three have been judged with out foundation, already with a agency verdict. This will likely be the destiny of the final one, I’m positive.”

Fabio Aguayo’s be aware

It has all the time been our place as representatives of the citizen or enterprise class to monitor the situations and measures that hurt our exercise, organized civil society and particularly the taxpayer and the inhabitants as a complete.

In this case of the cup, we now have been attentive since 2014 with completely different preventive actions and measures, from easy costs throughout the growth of extra various transport and the taxi fleet, in addition to discussions about the space round the Arena stadium. FIFA wished to regulate and prohibit displacement and visitors exclusion zones that might hurt our actions.

So it’s not shifting right this moment and of course we’re following the evolution of TCE-PR’s decision regarding the Arena works. Then I spotted that there may be one thing flawed with the drawback, as a result of I do know the discipline of exterior management and Dr. Jorge Casagrande, who was the CPI’s authorized advisor at Obras da Copa, to examine.

The Casagrande workplace did a radical evaluation of all the documentation, a number of gibabyte paperwork, and drew many conclusions.

The fundamental factor is that the TCE-PR allegedly usurped the authority of the TJ-PR and processed the grievance made by the NPB as an actual non-public demand, imposing 1,000,000 greenback expense on the City and the State, as verified. , is totally opposite to what’s established in the tripartite settlement. With that, we determined to current a public motion to take care of the treasury”.

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