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The Acre Court of Justice decided to unblock the amounts retained in the accounts of a tax engineer investigated in a lawsuit filed by the Municipality of. The decision was taken unanimously by the Second Civil Chamber and published last Tuesday (24), with judge Luís Camolez as rapporteur.
The process is related to the construction of a concrete bridge on the Lago Novo Branch. According to the City Hall, the contracted company received around R$430,800, approximately half of the total estimated amount, but would have stopped the work before completion, generating losses to the public coffers.
Engineer Alexandre Menezes de Almeida, responsible for supervising the contract, was included in the action alleging failures in supervision and for having certified services that, according to the municipality, had not been carried out.
In a previous decision, the Court had ordered the blocking of amounts in the accounts of those involved through the SISBAJUD system, as a way of guaranteeing possible compensation. However, the engineer’s defense appealed, arguing that there is no evidence of intent or serious error in the professional’s conduct, in addition to highlighting that part of the blocked resources were of a salary nature.
When analyzing the appeal, the rapporteur highlighted that, following changes in legislation on administrative improbity, proof of intent or gross error is necessary to hold public agents accountable. According to the judge, at this stage of the process, there are not enough elements to justify maintaining the blockade.
Another point considered was the nature of part of the retained values. Around R$5,200 comes from salary, a sum that has legal protection against seizure. For the judge, maintaining the blockade could jeopardize the livelihood of the person being investigated and his family.
With the decision, the amounts must be released, while the process continues to analyze the merits of the accusations involving the work within the municipality.
