Two federal court decisions this month canceled (PT) and (PL) of Rio de Janeiro for the reactivation of a bank regarded as extinct for over 60 years. The institution is involved in a billionaire values in precatory and land in the carioca West Zone.
On Tuesday (27), the federal judge Itagiba Catta Preta Neto, of the TRF-1 (Federal Regional Court of the 1st Region), annulled the decision of the National Secretary of Microcepresses, Maurício Juvenal, who validated acts from the Rio de Janeiro Commercial Board for the reactivation of the.
Three days earlier, federal judge Wilney Silva, from the 16th Federal Court of Rio de Janeiro, had made a similar decision.
The Federal and Fluminense governments had endorsed the minutes of the members of the company BCM Assets Real Estate, which presents itself as successor to the mobile credit bank. The heirs of the former members of the financial institution claim that it was extinguished in 1964.
Both groups compete for the ownership of a precatory valued at about $ 1 billion.
In a statement, the members of BCM Active said they had “strangely received the recent decisions and is already making arrangements in the proper spheres to reverse them.”
“The institution reiterates once again that it has followed all the necessary procedures to return to operate and is sure it will be.
The decisions of Catta Preta and Silva point out that the Rio de Janeiro Court had already confirmed the Bank’s dissolution in 1964. They rejected the allegation of the BCM active partner that the fact that the bank still responds to lawsuits made extinction innocuous.
“Possible heritage pending does not have the ability to remove the extinction of a company that has not been subsided for about 60 years, especially when already recognized in the judicial scope that the company no longer has any assets and that civil legislation provides for hypotheses and deadlines to claim rights before liquidation or already liquidated”, wrote Silva.
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.
The dispute began after a group of lawyers was able to reactivate the bank’s records in Juccerja (Rio de Janeiro State Commercial Board), contrary to the opinion of the State Attorney’s Office, under the name BCM Assets Real Estate.
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.
They claim the ownership of the former bank’s old land and the values arising from the expropriation of two areas in the 1960s. These precatory are currently in the name of the heirs of Holophernes Castro and Pasquale Mauro, former partners of the institution who acquired part of the region’s land.
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.
In April, Juvenal reviewed the director’s decision and determined the validation of the minutes.
In addition to court decisions, the Brasilia Commercial Board, where the bank was transferred after the minutes validated in Jucerja, also decided to block BCM registration in its files.
