Summary of Sessão Ordinária - Tribunal Pleno - 23/11/2022

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00:00:00 - 01:00:00

The video discusses the session of the Tribunal Pleno in which the issue of whether or not to allow cooperatives to participate in public contracts was discussed. The panel voted in favor of allowing cooperatives to participate, based on the real nature of the relationship to be established and the inherently subordinated relationship and habitual nature of those involved. The president thanked the speaker for bringing the issue to the court's attention and said that it would be discussed again and voted on.

  • 00:10:00 The video describes the 23rd session of the Tribunal Pleno, which took place on November 23, 2022. The session discussed various works of the Ministry of Public Accounts, including the audit of contracts.
  • 00:15:00 The speaker discusses the death of former governor Luiz Antonio Fiori and how it has affected him personally. He also discusses how the same career path followed by his friend led to him becoming a prosecutor and serving as the president of the Brazilian Association of Prosecutors. He shares that despite the differences in our backgrounds, Fleury was a great friend to him and he will miss him deeply.
  • 00:20:00 This transcript excerpt is from a YouTube video titled "Sessão Ordinária - Tribunal Pleno - 23/11/2022" and is a speech by the newly elected governor of São Paulo, Antônio Roque, in which he thanks his team, the Procuradores da Fazenda do Estado, and announces his intention to keep in touch with them. Roque also thanks his predecessor, Luis Antônio Freire, and expresses his gratitude to the judges, prosecutors, and staff of the Tribunal de Contas do Estado de São Paulo. He promises to continue the work of his predecessor, Orestes Quércia, and to uphold the integrity of the Tribunal de Contas.
  • 00:25:00 The video discusses the public life of former governor Luiz Antônio Priori, who is admired for his immense public servant qualities. The panel also has the same sentiment about Renato, all the council members thank him for his speech. The president then takes the floor to say that he will not add too much to what Renato said, because he does not have the personal or capacity to do so. He is, however, mentioned and he says that he has to do justice to Governor Fleury. He goes on to say that, beyond the guarantee he gave to the state's attorneys, he has to say that now that he is no longer part of the government, he can speak freely. He recalls that there was a strike by the judiciary a few months ago. He also mentions that the governor approved a raise for some of the court's employees, which he found to be excellent. He would like to mention one other thing: the governor was supportive of our new law of organization. It was difficult to pass, but Governor Fleury was a strong supporter and it was a good thing that he was not subjected to the plenary vote, because some of the council members were resistant. The proposal was approved by the council
  • 00:30:00 The speaker discusses the loss of former Governor of São Paulo, Renato Fleury, who was killed in a shooting. He describes Fleury as a public figure who was instrumental in the formation of the Ministry of Public Security, and goes on to say that his death is a loss to Brazilian democracy. He also discusses the agenda of the upcoming Tribunal de Contas Congress, and notes that all members of the panel need to be involved in the discussion. He suggests that members of the public participate in the debate by voicing their opinions online.
  • 00:35:00 The Tribunal Pleno was discussing the issue of whether or not to accept a proposal by the state government to hire extra support staff for the metro system. One of the Conselheiros, Sidney Beraldo, asked for a sustenance oral on the issue. The president, senhor presidente, conselheiros, and prosecutors all agreed, and Beraldo began to speak. He explained that the time of the proposed hiring was not a good time to make a recommendation, as it would have implications for past favorable decisions. Secondly, the subject matter was complex and there was no indication of wrongdoing. Beraldo concluded by asking the president to allow him to present the proposal in its entirety. The president allowed Beraldo to present the proposal, and after he finished, the other conselheiros asked to speak. The president allowed them to do so, and they all agreed to accept the proposal. The president then asked Beraldo to present the issue of the extra staff on a separate, future occasion.
  • 00:40:00 The speaker discusses how cooperatives can participate in public bidding, and how their legal status is different from other types of businesses. He also discusses how cooperatives are different from other types of businesses when it comes to labor laws. He then relays his vote on the matter, which is in favor of the proposal. The vote is approved, and the session ends.
  • 00:45:00 The video discusses the terceirização debate, with the speaker discussing the legal distinctions between legitimate outsourcing and any other form of work division between different legal entities, regardless of the object social of the companies involved. The contracting party is another hook that the cooperative would like to be able to join. The court should remember who both the cases before the Supreme Court were - a special appeal - and that it was a precedent case dealing with the constitutionalality or not of the prohibition of outsourcing labor. The prohibition of outsourcing labor finally taking into account the permission given under the terms established by the Súmula do TST in the context of the regulatory framework for the provision of services to third parties was not about the recognition of an illegal use of outsourced labor in an activity at the end of the take-over company, but rather the presence of typical elements of the employment relationship incitements to the way the service should be performed. In light of the legal feasibility or not of the cooperative hiring initiative being put before the court, the debate revolves around the constitutionality or not of the law passed in Pernambuco, first of article 71 of the law 866 declared by the Supreme Court in the judgment of ADC 16. At that time,
  • 00:50:00 The Tribunal Pleno discussed the issue of whether it is appropriate for cooperatives of professional employees to participate in public contracts aimed at hiring services. The panel voted in favor of allowing cooperatives to participate, based on the real nature of the relationship to be established and the inherently subordinated relationship and habitual nature of those involved. The president thanked the speaker for bringing the issue to the court's attention and said that it would be discussed again and voted on.
  • 00:55:00 The video discusses the regular session of the Tribunal Pleno, in which four members voted in favor of providing the service, and two voted against. The recurso ordinário against the decision to provide the service continues.

01:00:00 - 02:00:00

The video discusses a meeting of the Tribunal Pleno, in which representatives from various organizations request reconsideration of various decisions. The Tribunal decides to partially approve some of the requests, and orders the relevant parties to take action accordingly.

  • 01:00:00 The video discusses recursos ordinários (ordinary appeals) filed against a decision that threw an irregular term amendment onto a contract with them. The graphic arts industry, hoping to provide graphic services, should register for a procurement that was approved by this tribunal in the past. Recurring issues with the Fundação de Desenvolvimento do Estado de São Paulo (FDE) have been brought to the attention of the industry by the Printing and Publishing Industry Confederation (Copipre), and one director and one manager of that Foundation were instructed by the court to present their case until July. When the FDE realized that their monetary expectations did not match the reality at the time of the ata, they honored the contract's renegotiation terms. The company that won the bidding contest was later granted a rescission, and, as a result, all the requirements of the 866 law were met. The industry has come to a consensus that this can be allowed, and I therefore vote to grant the motion. The item on the agenda is 12, a request for reconsideration of a decision that did not consider an action for rescission filed by the company that contracted with the University of São Paulo in 2006. The apel
  • 01:05:00 The video discusses the issuance of a request for proposal (RFP) for the management of a contract for the provision of health services. The RFP was issued in 2019, and it was found to be irregular due to allegations of fraud. Three recursos ordinários have been filed against this decision: one by the coordinator of health contracts for the state of Santa Catarina, one by the Foundation of the ABC (an entity that received public funds from the state), and one by a health association in the state of Santa Catarina. All three recursos argue that the contract was already fully contracted, and that minor modifications to the original proposal were acceptable. The recurso ordinário filed by the coordinator of health contracts also argues that the obligation to make small adaptations was already agreed to in the original Etec, and has already been accepted by this tribunal in relation to the requirements of the RFP. I believe that the recommendations can be taken into account, as they were included in the proposals submitted by 11 of the 15 participants. I vote in favor of the admission of the recursos. The recurso ordinário filed by the Foundation of the ABC argues that the irregularity in
  • 01:10:00 The video discusses the jurisprudence that I mentioned in my previous vote, which I submitted to your excellencies following jurisprudence I understand that appeals entail partial relief because of the total amount disputed, of which 89 centavos out of a total of 52,684 reais can be considered regular, as affirmed by this court in a recent decision of October 5, 2022, citing the vote of Conselheiro Edgar Camargo Rodrigues, who adopts the same position in these terms: my vote is for the partial relief of the appeal to reduce the total amount to be returned to the Foundation for ABC, now passing to be 898,106 reais and 99 centavos to be returned, maintaining no longer the term of the decision and approval voted, and 19 senhores concurring is a regular appeal submitted by the company CETEC hydro-brasileira construction and projects against an agreement made in the first chamber that decided inadmissible the representation presented by her and threw the regular bidding process, resulting in the contract being awarded to the consortium Polos Sando technique and EGes in accordance with the agreement fought, but were not verified the indications of regularity
  • 01:15:00 The video discusses the Tribunal Pleno's decision to uphold the irregularity of a contract between the state and a private hospital. The Tribunal found that the private hospital did not use fair market value when bidding on the contract, and that the state was not able to prove that the contract was in the public interest. The Tribunal also found that the private hospital did not follow proper procurement procedures, and that the state was not able to prove that the contract was beneficial to the public. The Tribunal therefore upheld the irregularity of the contract, and ordered that the state pay the private hospital back the money it had already spent on the contract.
  • 01:20:00 This video presents the court's regular session, which took place on November 23, 2022. Two amendments to a contract for management were approved between the recorrent and service social of construction for the operationalization of health activities at the state hospital Valdemar Nega de Sapopema. The Procuradoria da Fazenda do Estado por desprovimento do Ministério Público de contas foi vista dos autos em preliminar conhecimento no mérito. A jurisprudência desta corte é de reconhecer a dependência entre os termos aditivos e o ajuste principal, irregularizando o contrato de gestão comprometidos. Eu votei pelo desprovimento do Estadual. The court then heard a pregão, this time for the purchase of school uniforms and athletic shoes, promoted by the mayor of Boituva. The representative of the competing company alleged that the pre-auction process was not fair, and that the company's proposal had been prematurely disclosed. I will accompany the Technical Department and the Public Ministry to vote on the pre-pro
  • 01:25:00 The video discusses a meeting of the Tribunal Pleno, in which a representative from a competing municipality requests that the age limit for trucks used in the municipality's construction project be lowered from 30 to 25 years. The vote is decided in favor of the competitor, and the municipality is instructed to adjust the bidding process accordingly. Another representative requests that the municipality provide information on autism diagnosis methods in order to avoid any competitive restrictions. The vote is decided in favor of the request, and the municipality is instructed to provide detailed information on the bidding process and the items being contested.
  • 01:30:00 The transcript excerpt describes a representation that was filed against an e-mailed municipal bidding document for a bed for educational institutions in Ribeirão Preto. The purpose of the representation is to establish a price for the purchase of an adjustable bed for elementary schoolchildren. The Tribunal Pleno voted to partially approve the representations, stating that they are concerned about the lack of clarity in the bidding document's objectives. They recommend that the Prefecture of Ribeirão Preto revise the bidding document, eliminating any clauses that could lead to uncertainty about the administrative option. They also approve a measure to restrict the repressive measure to the sphere of government of the sanctioning body.
  • 01:35:00 After reading the pre-vote reports, the tribunal decides that the administration should take the appropriate measures in order to comply with the vote's contents. The tribunal also decides to hear TC 21732 22, which deals with the edital for a public presencial auction. The speaker, Jairo Aparecido, former Prefeito of Analandia, takes the floor to speak on behalf of the residents. He points out that the administration has not been transparent in its dealings with the courts, preventing proper auditing of payments due in the past year. The tribunal also finds inconsistencies in the accounting for short- and long-term debt, as well as discrepancies between the information provided in the aldesp system and the figures in the balanço publicly available. The tribunal concludes that the administration's management is in poor condition and fails to meet the expectations of the population. The tribunal censures the lack of dignity in the administration's presentation of information on the pre-auction judicial pre-audits, preventing proper verification of payments due. The tribunal also finds that the lack of proper resources has hindered the municipality's ability to provide basic services. The tribunal requests that the president issue a decree declaring a state of emergency and orders that the
  • 01:40:00 The municipality of Analandia faced a difficult situation with nearly four million dollars of debt within a short timeframe, so they submitted an agreement to the Regional Labor Court in order to receive precatórios without any financial damage to the creditors. The agreement was approved, and the municipality deposited the first installment in April of 2019 and the final installment in July of 2020. They are required to deposit the installments into a judicial account at the Tribunal Regional Labor Court and make the payments to the creditors in chronological order, following the precatórios. This has been difficult to do, as all of the creditors' lawyers had to be present for the agreement to be anything more than an agreement of words. The payments were made in April 2019 to July 2020, and the entire amount was paid in nine installments from November 2018 to September 2020. The Tribunal Regional Labor Court requested a payment of precatórios updates in the amount of 63,500 pesos. We made this deposit in November 2020. The Tribunal Regional Labor Court declared in a declaration that the precatórios for 2018 and 2019 were paid in full, followed by a statement that the precatórios for 2020 were also paid in full. This was done by depositing 3,
  • 01:45:00 The video covers the Tribunal's regular session, which took place on November 23, 2022. The main points discussed were that there was no financial harm done to creditors, and that another point to report is that the origin's report did not include precatórios included in 2019. Hours were investigated by the fiscal, and she requested two situations be brought to the legal department. The first was to have a certificate issued stating the value of precatórios received in 2019 for payment in 2020. The second was to have a list of precatórios included in 2019's report to the Tribunal of Contas, with values listed in both current and prior years. The complementary report showed that the total value of precatórios received in 2019 was 918,44571 reais, and that this amount was also included in the Tribunal's accounting report for that year. The fiscalizadora analyzed the value of the prior year's report, which showed that the value was 2 million 341,108 reais, but when the 2018 report was analyzed, it was found that the difference was be
  • 01:50:00 The auditors in the annex 14 are contradicting the municipal balance sheet. The balance sheet is correct, but the Desp. says that sometimes something went wrong with the system. Regarding short-term financial statements, the auditors found discrepancies between the municipal balance sheet and the system's own report. I don't know what happened in relation to long-term debt, as the system's report and our own balance sheet are both correct. I do know that there was an error where we overstated our liquidity. Here is a situation of conflict, and everything taken together leads to the conclusion that there is a discrepancy between the three-million-366-million balance in our liabilities and the three-million-719-million balance in our assets. This has led to a situation of conflict with our fiscal report, which shows that we were exceeding our liquidity. In addition, short-term financial statements from other entities show a million-and-815 discrepancy in our current liabilities and the same figure in our current assets. I can't explain the discrepancies between the two analyses, and I'm not able to provide a sincere explanation for why there was a difference between the two reports. That leaves a question about the accuracy of systems in general. I
  • 01:55:00 The video discusses the Tribunal Pleno's decision to approve the payments of pre-candidatos, and the resolution of the issue of pre-candidatos' debts. The pre-candidats were paid in full, and the information will be transferred to Councilwoman Cristiana in her vote from yesterday because the accounts for 2019 are the same as 2020 that we voted on yesterday with regards to pre-candidatos. The remaining outstanding information regarding pre-candidatos' finances will be clarified and reported to the lawyer later. I will withdraw the proposal for the agenda with the return to my office, giving the lawyers the opportunity to verify the error is with the Prefecture, or with the system's data to the tenth decimal place in order for me to make a more informed decision. But I thank you all very much for your good oral support that the Mayor had already presented. The Prefeitura (City) wants to say good day and the gabinete returns to its excellence, inviting now the attorney Adilana Goulart Silva to speak. She will do so in item 75, recurso ordinário, on relatorism. The Liberal of the interested party is Altivo or Vando Junior

02:00:00 - 03:00:00

The video discusses the Tribunal Pleno's decision to reject a number of precatórios filed by the municipality of Ituverava. The irregularities cited included a lack of payment, and the fact that only a single moment of the contest participated. MPC had the opportunity to view the decisions in full, and voted to reject the precatórios.

  • 02:00:00 The video discusses a recent case in which the former mayor of Mauá, Leonel Damon, was found guilty of corruption. The transcript reveals that the court ruled that while Damon was mayor, his efforts to improve housing for the city's poorest residents were blocked by his predecessor. The video also mentions that Leonel Damasceno, Altivo Damon's son, is an architect and lawyer who has worked on housing issues for decades. The transcript concludes by saying that while Damon is appealing the decision, he is now elderly and may not have long to wait for his home to be built.
  • 02:05:00 The video discusses the Tribunal Pleno's decision to declare a municipality in Brazil's state of Rio de Janeiro in violation of state law for improperly awarding federal housing subsidies. The municipality had been seeking various solutions to get federal funds, including state and local government funds and reducing the municipality's housing deficit. One of the programs the municipality obtained was a loan from the Housing Assistance Program, which is part of the federal stimulus program. The municipality then proposed projects to address the families of high-risk residents of Mauá. However, after his departure in 2008, 2005 and 2008 are very important time periods for the council members to understand the development. A contract with a private financial institution without a bidding process was declared as an irregularity. Doctor Altivo, who was visiting the house at the time, agreed that it could have been conducted without bidding. The article discusses the council's decision to approve a financial assistance contract with the federal government, which provided credits to the financial institutions that had been selected beforehand by the Union. The municipalities were then asked by these financial institutions to present their housing projects, and provide a financial contribution. After five years of his departure, the municipality declared that it had completed all the adjustments unilaterally, without bidding. Although
  • 02:10:00 The video discusses the reintegration of possession of land that has been invaded by the public, due to the people starting to live there again after it had been designated for the construction of public housing units. Prevarication or missão descumprimento of deadlines is alleged, all happening during the administration of Mayor Marcelo Crivella (2008-2012). The family from the Paulista company that received subsidies during the previous administrations of Mayor José Serra (2005-2008) also receives benefits during this administration. The buildings were supposed to be delivered within the timeframe stipulated in the contract, but this did not happen due to the family's recourse to the Tribunal de Contas. The original technical report from the Tribunal de Contas should be re-evaluated, in order to restore the recognition of this appeal. The family would like to thank the lawyer for their statement.
  • 02:15:00 The video discusses a recent decision by the Tribunal Pleno to allow for the suspension of the effects of a court decision, a topic which has been debated extensively in this chamber. The president notes that the issue has been discussed in greater detail in a previous appeal, and that he would like to see the judicial model revised to be more protective of parties. The speaker also points out that a recent amendment to the Civil Process Code seeks to abolish longstanding controversies in the court system by granting interruptive effects to the receipt of embargos. Lawyers in a court of account would be surprised if they did not know about the suspensory effect of a court decision, as they would be expecting the deadline to be interrupted. The speaker closes by noting that this important case may be the impetus for revisiting the dominant view on the effects of suspensory measures in court proceedings.
  • 02:20:00 This video presents various court rulings that allow for the use of embargos de declaração, which are a type of judicial review procedure. The video also discusses the argument for and against the use of this procedure, and cites an eminent jurist who recommends that the courts should reconsider their stance on administrative law autonomy. The video concludes with a request for the president to rule on a pending embargo de declaração.
  • 02:25:00 The video discusses a recurso ordinário filed by the Prefecture of São José dos Campos. The subject of the recurso is the construction of a child care facility, which has failed to meet basic research requirements in terms of price. The presenter proposes that the house not approve the recurso, as it does not have the necessary expertise. The vote is passed, and the original decision is upheld. In a separate matter, the Prefecture of Capivari files a recurso ordinário requesting the authority to purchase an information system that has unsound prices. The assessor's justification for the recurso is insufficient, and the house does not approve it. The presenter presents the full report and declares that he knows the present recurso. The house does not have the expertise to rule on it, and the recurso is not approved. The presenter also presents the report on the recurso for the construction of a school, which is also not approved. The presenter explains that the house does not have the necessary expertise to rule on the recurso and that he will follow the house's decision. The vote is passed on the recurso ordinário for the school construction and the
  • 02:30:00 The video discusses the issue of recurso ordinário, or regular appeal, for a former president of a city council in Goiânia, Dorival Lupiano de Assis, and another councilmember, Mariene dos Santos Álvares. They were both found guilty of devising a scheme to embezzle public funds and were ordered to return the money they stole. The recurso ordinário was denied, however, because the recorrentes failed to prove that they were legally or morally responsible for the money being stolen from the city. The recurso ordinário was also denied because the time spent by the recorrentes working on the scheme prior to the enactment of the new law was considered irrelevant. The recurso ordinário was also denied because of the financial imbalance and lack of payment of social security contributions during the period in question. The recurso ordinário was also denied because the recorrentes failed to provide adequate evidence that their rights had been violated.
  • 02:35:00 The video covers the Tribunal Pleno's decision not to accept the pre-trial objection filed by the incumbent mayor of São Sebastião, Brazil. The mayor's alleged financial irregularities were addressed by the Municipal Court in 2017, but the Tribunal Pleno ruled that the objections were not justified. The transcript also covers the Tribunal's decision to award the pre-trial objection filed by the opposition party in the mayoral election of São Sebastião to the mayor.
  • 02:40:00 The video discusses the president's difficulty finding a building to house the city's council and all of the council's offices in São Sebastião, Brazil. The issue was resolved by agreeing to set up small offices for the council members, instead of all being centralized in one building. The municipality would also foot the bill for the council members' phone bills. While the issue is now resolved, it began as a protest by the council members in Osasco against the municipality's decision to set up small offices throughout the city instead of one centralized location.
  • 02:45:00 The video discusses the issue of municipal governments' spending on ambulances, which ran into opposition from council members. The council president explains that this issue has been discussed before and that it is not the council's role to make such decisions. The council president also states that the idea of delegating government functions to local districts is malign and dangerous. The council president votes against the proposal, and the vote is upheld by the Senate.
  • 02:50:00 The video discusses the Tribunal Pleno's decision to reject a number of precatórios filed by the municipality of Ituverava. The irregularities cited included a lack of payment, and the fact that only a single moment of the contest participated. MPC had the opportunity to view the decisions in full, and voted to reject the precatórios.
  • 02:55:00 In 2018, Campinas registered a deficit of 2.66%. However, in 2019, the city improved its fiscal situation dramatically, registering a surplus of 0.57% with an investment of 4.45% of its GDP. This modest result may be due to the fact that in 2018, Campinas' accounting was still much worse, with a deficit of 6.16% compared to 2020's 5.17% investment rate. However, the most important part of this story is that in 2019, the city implemented a plan to stabilize its pension fund, two points which the city's tribunal had often recommended. As a result, the pension deficit between 2019 and 2020 decreased from 28 million to 10 million dollars. In 2020, debt levels increased slightly to 24.25% of GDP, but this number has decreased to 11.82% since then due to the city's efforts to increase its revenue sources. In 2019, the city opened supplementary credits to support contracts it had signed. These credits were all proven during the process. Since I have profound admiration and respect for her technical skills, I am unable to vote on the 2019 exams due to my fatal legal obligation to do so. However, I fully support her comments.

03:00:00 - 03:30:00

This video discusses a session of the Sorocaba City Council in which a prefeitura recurs against a decision by the previous prefeit to allow employees to take maternity leave without losing their jobs. The recursors argue that the contract was not properly competitively procured, and that the municipality's fiscal situation is not comfortable. The recurso ordinário is denied, and the recursors state that they will continue to pursue the issue in other ways.

  • 03:00:00 The video features a session of the Sorocaba City Council, in which a prefeitura recurs against a decision by the previous prefeit to allow employees to take maternity leave without losing their jobs. The recursors argue that the contract was not properly competitively procured, and that the municipality's fiscal situation is not comfortable. The recurso ordinário is denied, and the recursors state that they will continue to pursue the issue in other ways.
  • 03:05:00 The video discusses the irregularity of a contract between the prefecture and the Brazilian Association of Education and Health for the provision of 40 clinical beds and 20 respiratory support beds. The lack of demonstrative proof of the completed educational courses led to the setting of targets and budget. Additionally, the lack of proof of the compatibility of the contract values with those practiced at the time was taken into account, as well as the lack of necessary quantity of services provided. The case has special relevance due to the fact that there is currently a pandemic of coronavirus, and vulnerable people require medical attention for prevention of its spread. Therefore, the municipality should not have used the irregularity excuse provided by article 4 of Law 13.969/2020. Furthermore, the contract was not fulfilled, and no justifiable reason was given for this. Therefore, the original decision, which ruled that the contract was irregular, was not upheld by the court in its decision. The case has fallen within the scope of what was originally supposed to happen in article 4 of Law 13.979/2020, because the contract was not proof that the products would be used for emergency services related to the contract. There have been two failures in the performance of the contract: the lack of delivery of the entire
  • 03:10:00 The video discusses the issue of compensation causing short-term impairment to a contract's execution, and reasons for the decision at the time of the provisional decision. 73 is a regular appeal filed by the former mayor of Birigui. It is easy to reach an agreement on the second camera that ruled the contract irregular for distraction. The contract firmated by the executive with the Santa Casa de Birigui was judged to be irregular due to the lack of evidence of the need for the contract, since the adjustment enlarged undelegated services that were already provided in a previous agreement between the same parties. Payments in double-counting with financial loss were presented. I particularly highlight thatmemoranda were presented in my office, which were properly analyzed senior counselors forwarded and the full report and return of your excellency are acquainted with. And the issues under consideration are not affected by a ruling on the merits, because the expenses proposed in the contract in question already were covered by the previous convenience agreement number 14 of 2019 therefore lacking a new adjustment term a term of reference simplification and price
  • 03:15:00 The video discusses the Tribunal Pleno's decision to recuse itself from a contract dispute between the municipality and a construction company, and the subsequent fines that were issued to the municipality's officials. The video also discusses the Tribunal Pleno's decision to send letters to the mayor and the public prosecutor requesting their assistance in a separate case.
  • 03:20:00 The video discusses a request for emergency guardianship made by the author. According to paragraph 1 of Article 77 of the Brazilian Constitution, a request for rescission of a judicial decision will be considered an autonomous act, and will not suspend the execution of the decision. The Reincidente in this case is also the subject of an ongoing criminal proceeding in which the author's previous order is overturned due to severe restriction of defense counsel's access to evidence. There is no way to comply with the request in the present case, as the documents presented to support the present action were submitted in a later, super- posterior moment. Furthermore, the material was not properly normalized, making it impossible to apply a decision against the literal wording of the Law of Complementary Justice. The author attempts to justify his inactivity by claiming that he was prevented from acting directly by the present situation. However, the evidence shows that the author took no preventive measures in relation to the judicial decision in question, and that he has been silent on the matter for years. It is important to emphasize that, even if the case at hand meets all the requirements for a decision to be granted by the Regency Court, the present request does not satisfy any of them. The eminent reviewer considers it important to
  • 03:25:00 The video discusses the Tribunal's regular session, in which the court determined that the author needed to take some preventive measures until further notice. In this context, no censorship is warranted given the many opportunities the author had to follow the order. The transcript also reflects the president's vote against the author's request for a visa to the Contas Court, noting that the decision to rescind the judgment previously rendered was due to the author's physical disability, which had been previously acknowledged by the prefect. The president reiterates his vote against the author's request for a visa, and the vote of the other four members of the court is also recorded. Finally, the president provides the vote of his relator and summarizes the vote of the other three members.
  • 03:30:00 The video discusses the recurso assim (same matter) procedure, and notes that, in cases where there is no public interest in the appeal's continued review, there is no need for a recurso de apelação (appeal). The recurso de apelação can be filed only if there is evidence of fraud or a restriction to the party's right to desist. In cases where there is repercussion general or of appeals, the recurso de apelação can be filed multiple times, as is prescribed in paragraph 1 of Article 998 of the Civil Code. The recurso de apelação can also be denied where the speaker's vote proposes that the recurso be allowed to lapse for the purposes of producing its legal effects. The recurso assim is being reexamined by the Prefecture of Municipal Bragança Paulista by Jesus Adib abi Chedid, the former Prefecture of Municipal Bragança Paulista. Paulista, who died and was succeeded in the case by his estate represented by the inventory before he resigned and took office as Jose de Chedid's replacement, is opposing the decision of the first chamber that lied about its preliminary opinion

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