The government decided to follow the understanding of management () and maintained it, considered extinct for over 60 years, which disputes precatory and billionaire land in Rio de Janeiro.
The National Secretary of Microenterprises, Maurício Juvenal, maintained on Wednesday (9) the decisions of the Fluminense Commercial Board (Jucerja) to validate the minutes of the company BCM Active Imobiliários, which presents itself as successor to the former mobile credit bank.
In his decision, he states that the fact that the company remains the target of lawsuits causes the extinction, formally occurred in 1964, has not been completed in practice. He also said that the 2018 court decision, which declared the extinct bank, “has no absolute character.”
The mobile credit bank was in 1964, when its dissolution was recorded. The region is now a focus of real estate expansion with a strong land dispute, in some cases involving militias.
A group was able to reactivate the bank’s records in Jucerja, contrary to the opinion of the State Attorney’s Office, under the name BCM Real Estate Active, in order to obtain control of the land that claims to be his own.
The one chosen to act as legal director of the company, Mariana Felippe, is currently responsible for land regularization at the State Government’s land institute. She is married to state deputy Jorge Felippe Neto (), ally of Castro. One of the BCM assembly minutes talks about “a large number of negotiations and political negotiations” involving the company.
The group also claims the values arising from the expropriation of two areas of the bank in the 1960s, whose precatory (state debt securities) are valued at more than R $ 1 billion. They are currently on behalf of the heirs of Holophernes Castro and Pasquale Mauro, former partners of the institution who took part of the land after its dissolution.
Pasquale Mauro’s relatives appealed to the National Department of Business Registration and Integration against the decision of Jucerja to validate (file, in technical language) the minutes of the assemblies and, in practice, reactivate the bank. The agency is linked to the Ministry of Entrepreneurship and Microenterprise, commanded by ().
In February, the director of the agency, Flávia Gonçalves, decided to cancel the record of the BCM minutes. He argued that the institution’s dissolution occurred in 1964 and was confirmed in a judicial decision of 2018, when there was the first attempt to reactivate the bank in Jucerja.
BCM appeal was sent to Juvenal, who diverged from the director.
One basis of the secretary’s decision is a demonstration of Rio de Janeiro for the filing of an inquiry in which part of the BCM partners were indicted on suspicion of ideological falsehood. The prosecution states that the bank remained, in practice, open but irregular, due to judicial demands.
The secretary also states that the 2018 judicial decision that declared the extinct bank “has no absolute character”.
“The supervenience of relevant information, such as those in the ministerial opinion, which reveal the persistence of equity issues and the existence of potential rights of third parties and the shareholders themselves, authorizes the Public Administration to reconsider their acts, for legality and the public interest. The principle of material truth must prevail over exacerbated formalism,” he wrote.
Sought, the BCM said it would not comment on the decision.
The heirs of Pasquale Mauro said in a statement that the decision “will be the subject of analysis so that appropriate measures are adopted”.
“BCM Assets does not correspond to the company Mobile Credit Bank, settled extrajudicially in 1964, with its extinction validated by a final judgment in 2018. There has never been the transmission of actions of former members of the mobile credit bank to those who present themselves as members of Active BCM,” says the note.
The dispute began in 2016, when Heitor Castro, son of Holophernes, joined a group of lawyers and entrepreneurs to reactivate the bank. To this end, he considered himself a single partner with the right to the institution and questioned his real extinction, claiming that she was still the target of processes involving land.
The group was able to archive in JUCERJA in 2018 an assembly minutes with the members of BCM and obtained CNPJ in the IRS. The court determined, of the heirs of Pasquale, the cancellation of registration in the tax authorities.
Heitor Castro died in 2018, but his partners in the BCM continued the action. Jucerja validated two minutes of 2022 and 2023, contrary to the position of the State Attorney. The agency is an area of influence of state deputy André Corrêa (), ally of the governor, who indicated former advisor Sergio Romay to preside over the body. He denies interference in the case.
In addition to the administrative movements, the group launched a real estate development in Recreio having as a poster boy actor Márcio Garcia, cousin of Rodrigo Garcia, one of the members of BCM. The City of Rio de Janeiro suspended the subdivision licensing until the definition of the property.
Castro management denied favoring the company BCM. He also stated that Mariana Felippe was not sworn in the company and that her position is not related to the activities of the firm.
Felippe Neto said he did not get involved with the company’s theme.
