Court suspends effects of CPI Public Works report against mayor of Cáceres (MT)
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The CPI for works approved at the Municipal Council of Cáceres (MT), the report that calls for the opening of a Processing Commission against Mayor Eliene Liberato Dias (PSB) Cáceres City Hall The Mato Grosso Court suspended the effects of the final report of the CPI on Public Works of the Cáceres City Council in relation to Mayor Antônia Eliene Liberato Dias (Podemos).
The CPI for works approved at the Municipal Council of Cáceres (MT), the report that calls for the opening of a Processing Commission against Mayor Eliene Liberato Dias (PSB)
Cáceres City Hall
The Mato Grosso Court suspended the effects of the final report of the CPI on Public Works of the Cáceres City Council in relation to Mayor Antônia Eliene Liberato Dias (Podemos). The preliminary decision was handed down by judge Raíssa da Silva Santos Amaral, in an injunction presented by the manager, this Friday (12).
With the decision, the Commission's report cannot be used as a basis for opening a prosecution commission or any other political-sanctioning procedure against the mayor until the final judgment of the action.
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In the action, Antônia Eliene claimed that she was denied access to the CPI files during the investigations on the grounds that she was not the target of the investigation. However, according to the defense, she ended up being named in the final report as the main person responsible for the alleged irregularities investigated, without having been notified or heard throughout the commission's work.
When analyzing the case, the judge understood that there were signs of violation of the right to defense and the so-called "prohibition of surprise accusations".
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According to the decision, the CPI formally informed the mayor that she was not being investigated and, subsequently, included her among those responsible named in the final report without providing the opportunity for prior manifestation.
“The CPI broke good faith and the protection of trust, acting with evident institutional disloyalty and “procedural surprise”, highlighted the judge in the decision.
Despite suspending the effects of the report in relation to the mayor, the Court did not prohibit the forwarding of the document to control bodies, such as the State Public Ministry (MPE), Federal Public Ministry (MPF), State Audit Court (TCE-MT) and Federal Comptroller General (CGU).
However, the City Council must attach a copy of the court decision to the referral, informing that the conclusions, indictments and charges attributed to the mayor are temporarily without legal effect.
According to the decision, the use of a report produced without guaranteeing the investigated access to the files and the right to speak out could cause political and administrative damage that would be difficult to repair.
The judge also ordered that the president of the CPI, the commission's rapporteur and the president of the Chamber of Cáceres be notified to immediately comply with the decision and present information in the process.
The case
The CPI of Works approved the report that requested the opening of a Prosecution Commission against the mayor, to investigate political-administrative responsibilities for omissions, irregularities and damage to the public interest.
In a note, the mayor informed that she will wait for the official receipt of the document for technical and legal analysis before expressing her opinion on the content. According to her, "it is necessary to trust institutions and guarantee the application of laws."
"I was not treated as being investigated during the work, I was not summoned to testify nor was I given the opportunity to present a defense" he explained.
According to the Chamber, the report also recommended the precautionary removal of three other municipal employees with the aim of avoiding interference in future investigations by control bodies. The measures do not mean a prior declaration of guilt.
Over the course of 11 months, the CPI discovered a repetitive pattern of failures in the contracts investigated:
Hiring companies with technical and financial difficulties;
successive deadline and value additions without adequate justification;
oversight failures;
prolonged stoppages of works with a high social impact (schools, UBS, squares, paving);
direct financial and social losses to the population.
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