Notícias da Justiça

Publicado em   01/jun/2011
por  Caio Hostilio

Fim de linha: Bia Aroso é cassada

A prefeita de Paço do Lumiar, Glorismar Rosa Venâncio, a Bia Venâncio, deve deixar o cargo imediatamente, de acordo com decisão de juízes da força-tarefa do projeto “Pauta Zero”, da Corregedoria Geral da Justiça, que acataram duas ações civis públicas contra atos de improbidade administrativa cometidos pela gestora municipal, ambas de autoria do Ministério Público estadual.

A prefeita não foi encontrada por oficiais de justiça, na tarde dessa quarta-feira, 1º, para receber os mandados de notificação, que foram entregues ao presidente da Câmara, a quem foi determinado dar posse ainda hoje ao vice-prefeito. Novos mandados serão expedidos ainda nesta quinta-feira, atingindo ex-prefeitos de Paço do Lumiar e outros implicados.

As ações integravam acervo de 3.000 processos para análise, despachos e sentenças da 1ª Vara de Paço do Lumiar, o alvo da sétima edição do “Pauta Zero”, com encerramento na manhã dessa quinta-feira, 2, no auditório da ESMAM (Renascença). É a primeira vez que o projeto criado pelo corregedor-geral da Justiça, desembargador Antonio Guerreiro Júnior, com a aprovação unânime do TJMA, analisa atos por improbidade administrativa.

No Processo nº 1535-12.2010.8.10.0049, o MPE afirma que a prefeita é diretamente responsável por fraude na prestação de contas da Secretaria Municipal de Educação, revelada por assinatura do contador Alexandre Santos Costa em documentos apresentados ao Tribunal de Contas do Estado (TCE).

O Processo nº 637.96.2010.8.10.0049 trata de Ação Civil Pública com pedido de antecipação de tutela, no qual o MPE sequencia atos de nepotismo da prefeita e pede a exoneração de todos os servidores Paço do Limiar que tenham cargo em comissão e relação de parentesco com a prefeita, o vice-prefeito e vereadores.

O MPE alega que Bia Venânciou nomeou para o exercício de cargos em comissão oito parentes até terceiro grau, e também dos vereadores Francisco Pereira Filho, Raimundo Pedro Silva e Orlete Mafra.

O órgão ministerial argumenta na primeira ação que Alexandre Santos Costa foi coordenador contábil da prefeitura de Paço do Lumiar, quando detectou irregularidades contábeis e administrativas em procedimentos licitatórios realizados pela Secretaria Municipal de Educação, e que resultaram em prejuízo superior a R$ 16 milhões ao erário público.

O contador comunicou os fatos a Bia Venâncio, que prometeu montar “equipe para fazer o reparo” na documentação e pagamentos. Em 2 de março do ano passado o contador pediu exoneração do cargo após constatar que as irregularidades não seriam sanadas. A rubrica dele aparece nos documentos entregues ao TCE, contudo exame grafotécnico do Instituto de Criminalista do Maranhão confirmou não ser sua a assinatura na prestação de contas.

Um dos argumentos jurídicas apresentados pela prefeita, ao ser intimada a ser manifestar, foi a de inaplicabilidade da Lei 8.429/92 (Lei de Improbidade Administrativa) a prefeitos municipais.

“O processo trata de fatos gravíssimos, que incluem inequívoca falsificação documental, desvio de mais de R$ 16 milhões de cofres públicos, e a constatação de uma verdadeira quadrilha destinada a fraudar licitações e promover a “montagem” de procedimentos administrativos para legitimar a dilapidação do patrimônio municipal”, assinala o juiz Paulo de Assis Ribeiro em decisão que traz como fundamentos a Lei de Improbidade Administrativa e jurisprudências do STJ e do Tribunal de Justiça do Estado.

Bia Venâncio terá 15 dias para contestar as duas ações, sob pena de revelia e confissão. Enquanto durar o afastamento, o cargo de prefeito será ocupado pelo vice. Cópia da decisão foi entregue ao Banco do Brasil e outros bancos que possuem relação com Paço do Lumiar.

Na Ação Civil Pública contra atos de nepotismo o juiz Angelo Antonio Alencar dos Santos fixa multa diária de R$ 5 mil para o descumprimento da medida liminar. A multa é dirigida à prefeita, e não deve ser suportada pela Fazenda Pública Municipal, escreve o magistrado na decisão.

TJMA arquiva representação contra juiz da capital

O Tribunal de Justiça, em sessão plenária administrativa desta quarta-feira, 1º, decidiu, por maioria, arquivar representação para apuração de conduta contra o juiz de direito da 3ª vara cível de São Luís, Douglas Ferreira Amorim.

A representação da 1ª Câmara Cível do TJ foi fundamentada em atos judiciais atribuídos ao magistrado, de extinguir processos sem resolução do mérito, mesmo contendo os requisitos legais exigidos.

A maioria dos magistrados seguiu o voto do corregedor geral de justiça, desembargador Antonio Guerreiro Junior. O relator considerou que a matéria já havia sido examinada e decidida pelo Conselho Nacional de Justiça (CNJ).

O CNJ impôs a Amorim pena de censura, considerando a incompatibilidade da conduta com a diligência mínima exigida de um magistrado.

Guerreiro Junior entendeu que o julgamento contra o juiz não poderia ser repetido por conter os mesmos fatos, devido à proibição de dupla sanção. O corregedor também destacou a ausência de indícios de favorecimento a qualquer das partes por meio das decisões do magistrado, que seguiu o mesmo posicionamento em todos os casos.

A votação se deu por maioria, contra a posição divergente que entendia pela instauração de procedimento administrativo disciplinar contra Douglas Amorim, para apuração de sua conduta funcional.

  Publicado em: Governo

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