The 21st Federal Civil Court of the Federal District extinguished, without analyzing the merits, the popular action that attempted to prevent Acadêmicos de Niterói from honoring President Luiz Inácio Lula da Silva (PT) in this year’s carnival parade. The school’s plot portrays the PT member’s trajectory with the theme “From the top of Mulungu comes hope: Lula, the worker of Brazil”.
Furthermore, the action called for a ban on images of former president Jair Bolsonaro (PL) in the parade and for radio and television stations to be prevented from broadcasting any criticisms of him. The sentence is this Tuesday, 10th.
The action was presented by senator Damares Alves (Republicanos-DF) and others. They maintained that public resources would be used to praise Lula, which would constitute a misuse of purpose and an offense to administrative morality.
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During the process, the authors requested the inclusion of the Brazilian Agency for the International Promotion of Tourism (Embratur) and the Union as a defendant. The judge authorized the inclusion, revoked a previous decision that had declined jurisdiction and kept the case in Federal Court. The requests to include the Independent League of Samba Schools of Rio de Janeiro (Liesa), the State of Rio de Janeiro and the Municipality of Rio were denied due to the lack of a concrete act that justified the participation of these entities.
In the sentence, the judge made it clear that popular action cannot be used as an instrument to impose preventive orders. According to him, “popular action proves to be an inadequate procedural route to provide judicial protection other than deconstitutional protection”, and “mandamental protection (obligations to do and not do) proves to be legally impossible through such a procedural route”.
The judge also stated that there was no concrete demonstration of damage to public property. “In order to file a class action, it is not enough to claim that the act is illegal, but it is necessary to prove that it has harmed the public treasury”, he noted, citing a precedent from the Superior Court of Justice.
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Elsewhere, he highlighted that the action cannot be used to defend political or private interests. “It is not up to the plaintiff to claim, through Popular Action, the protection of political and/or private interests,” he wrote.
Regarding the allegation of early electoral propaganda, the judge stated that any discussion should be taken to the Electoral Court.
On these grounds, the case was dismissed without resolving the merits. There is an appeal.
As shown by Estadão, of the 12 schools in the special group in Rio de Janeiro, eight received authorization from the federal government to raise funds under the Rouanet Law. Acadêmicos de Niterói was allowed to raise R$5.1 million, but gave up raising the funds due to the short deadline until Carnival. Rouanet works through tax incentives, which means that beneficiaries must raise resources with sponsors, who in return receive tax rebates.
Some associations registered funding through the Rouanet Law. Unidos da Vila Isabel asked for R$4.9 million and raised R$188 thousand. Academicos do Grande Rio approved R$5.9 million and raised R$10.2 thousand.
In the Rouanet Law, the approval of a project does not mean a direct transfer of public money. The federal government only authorizes the proponent to seek sponsorship from companies and individuals, who can deduct the amounts allocated from Income Tax. The period for this funding can last for months and can reach up to three years, depending on the execution period.
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The transfer of R$1 million to Acadêmicos de Niterói was challenged by the Federal Audit Court (TCU), which recommended the suspension of the funds. According to the TCU document, the Ministry of Culture appears as an intervener in the Collaboration Agreement in a public note, but this condition is not formally provided for in the contractual instrument. The TCU asked for explanations about the ministry’s role in the agreement, and parliamentarians also addressed the question to the body.
According to Coluna do Estadão, Lula confirmed to allies that he will go to Rio on Carnival Sunday, February 15, to watch the school parade.
Mayor Eduardo Paes offered two boxes at Rio City Hall to Lula, the first lady, Rosângela da Silva, Janja, and guests, at Marquês de Sapucaí. The president will also be accompanied by ministers and parliamentarians. Carnival should seal the Lula-Paes alliance in Rio.
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