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The Rio de Janeiro court issued a court order to block the personal and real property and securities of three companies contracted by the state government to buy lung respirators to equip field hospitals and state health units to combat the new coronavirus . The advance payment was over R $ 18 million, without tender, due to the urgency of obtaining hospital equipment, which was not delivered to the State Department of Health. The decision responded to the action of the Office of the Attorney General (PGE-RJ).
In addition to the judicial seizure of the assets and assets of A2A Comércio Serviços e Representações Ltda; MHS Produtos e Serviços Eireli and Arc Fontoura Indústria Comércio e Representações Ltda and its partners, the decision of the 2nd Court of Public Finance also covers all the assets and assets of the former executive undersecretary of the Secretary of State for Health, Gabriel Neves, who is trapped.
In the PGE-RJ request, irregularities were identified in the contracts concluded and in the prepayments made, for more than R $ 18 million, which put the assets of the State of Rio de Janeiro at risk of squandering.
In the decision, Judge Georgia Vasconcellos da Cruz says that after a thorough analysis of the documentation, he observed the prepayment of a large amount without analyzing the contractual clauses and the delivery period, “which in itself demonstrates a total lack of caution with public money. “
The magistrate also added in the decision that “the offer of an insurance policy in the amount of R $ 500 thousand reais can be called a small amount close to the amount to be insured: R $ 18,193,320 million and, therefore, does not offer any warranty. “.
The judge also pointed out that, regardless of the content of the specific law to regulate the matter, the constitutional principles of legality, impersonality and morality should lead the administrator, especially in exceptional situations, to make decisions with adequate reasoning, which was not verified. If. “Even the price investigation was not carried out or, in the impossibility of doing so, the justification should have been presented, which did not even happen.”
Georgia Vasconcelos da Cruz cautiously determined “the seizure of all movable and immovable property owned by the accused in the manner indicated, as well as the online blocking of bank accounts registered in the name of the accused and, even so, sending all the required letters, remaining denies the violation of bank secrecy because it comprises this measure, at this time, unnecessary compared to the other deferred. “
