The minister, of the (Supreme Federal Court), gave the green signal to the TCE-PR (Court of Auditors of the State of Paraná) to resume the extrajudicial process that provides for the payment of almost R $ 15 million to one of the counselors of the agency, Maurício Requião, 70, who is the brother of the
In an order signed on Friday (21), the minister reformed his own February decision and denied follow-up to a complaint that challenged the payment.
The ECA reported on Monday (24) to Sheet which has not yet been notified. People who follow the case in the agency believe that the matter will be resumed shortly after the notification, with the approval of the administrative proceeding authorizing the payment to Mauritius.
From 2009 to 2022, by virtue of court decisions, Maurício Requião was removed from the ECA, without performing the role of counselor. To the counselor, he also wanted to claim salaries not received over almost 13 years.
The possibility of claiming the funds was opened by the STJ (Superior Court of Justice) in August 2022, when the Court in Brasilia. Since then, the ECA has tried to find a way to make the payment administratively, with the budget of the agency itself.
But last December, lawyer Jorge Augusto Derviche Casagrande filed a popular action in the court of Paraná contesting the payment and alleging damage to the treasury. He first obtained an injunction from the 4th Public Treasury Court to paralyze the progress of the administrative process in the ECA, but Maurício Requião then managed to reverse the decision in the second instance.
Then the lawyer chose to file a complaint with the STF, and in February Gilmar had agreed to suspend the case in the ECA. On Friday (21), however, the minister stated that, after receiving the information requested from the parties, he understood that the matter should not be dealt with in the Supreme Court.
“There is no exceptional situation that justifies overcoming the need for exhaustion of instances,” wrote Gilmar Mendes.
To the STF Lawyer Jorge Augusto Derviche Casagrande pointed out that Mauricio’s removal did not occur arbitrarily and that, over the 13 years, “it was very well sustained in the period, with remuneration far from the vast majority of the Brazilian people.” He recalls that, during the period, Maurício worked at Itaipu and was also a university professor.
“Feeling injured, you should do like any other mortal and knock on the judiciary’s door complaining about proper material or moral damages,” Casagrande said. “After all, are we talking about appointment in the Court of Auditors or Lottery Award? There are a much less interesting ‘Mega Sena’ awards,” the lawyer continued to the STF.
But in the administrative process that is being processed in the ECA, most counselors. They argue that the 2022 decision of the STJ recognized Mauricio’s effective bond with the ECA since the date of inauguration in 2008 and, at the same time, opened the possibility of compensation both by administrative and judicial.
For the counselors, the consensual solution between ECA and Maurício Requião – or is extrajudicially – represents an economic advantage for the agency.
In 2008, he was a state secretary of education in the management of his brother when he was elected by the Legislative Assembly for a vacancy in the ECA. But the case ended up in state courts shortly thereafter.
Popular actions challenged procedures adopted in the election conducted by the Assembly – the vote was opened, and not secret, for example. The hypothesis of nepotism was also raised due to the bond between the elected to the ECA and the chief executive.
From then on, an imbroglio began that would only reach the final chapter in 2022, with the STJ’s decision.
