Post by anik4200 on Feb 18, 2024 4:51:59 GMT -6
Possible bankruptcy crimes from remaining imprescriptible, the Federal Supreme Court issued a summary stating that "the statute of limitations for a bankruptcy crime begins to run from the date on which the bankruptcy should have ended, or from the final judgment of the sentence that to close or that the concordat is deemed to have been fulfilled". "The similarity between the above case and the discussion in these cases does not go unnoticed, since, in both cases, what is appreciated is the risk of eternalizing the consequences of declaring bankruptcy", wrote judge Fernando Prazeres. The defense was sponsored by lawyer Marcos Wengerkiewicz , partner at the firm Clivatti & Wengerkiewicz Advocacia Empresarial, who acted on behalf of the bankrupts.y noting the relevance of the tool for compliance with regulatory activity, the Plenary of the Federal Supreme Court validated rules that authorize the National Land Transport Agency (ANTT) to define, through resolution, infractions and administrative penalties on the road transport service .
Minister Alexandre de Moraes cast the winning vote in the virtual trial Carlos Moura/SCO/STF The direct unconstitutionality action was proposed by the Brazilian Association of Land Passenger Transport Companies (Abrati). The entity questioned sections of Law 10,233/2001 , which created ANTT, and the agency's Resolution 233/2003 , which established infractions and sanctions for interstate and international road pass Special Phone Number Data enger transport services. The author alleged that the normative power granted to ANTT by law does not authorize it to classify administrative offenses through infra-legal acts. The understanding of Minister Alexandre de Moraes prevailed. For him, the interpretation intended by Abrati would suppress almost all of ANTT's normative competence. "The role of the agency would be reduced to that of true manager of public service concession contracts", he pointed out. The judge also considered that the resolution is in accordance with the law, as it protects the interests of users regarding the quality and supply of transport services.
The rapporteur, minister Marco Aurélio, who retired in 2021, was defeated. He voted in favor of Abrati's requests. All other ministers accompanied Alexandre. With information from the STF press office .ue to the lack of evidence, the 8th Chamber of Public Law of the São Paulo Court of Justice confirmed the acquittal of former state deputy Antônio Carlos de Campos Machado, accused of acts of administrative improbity. Alesp Alesp Former deputy Campos Machado was acquitted in an action of improbity Campos Machado was accused of having received R$1 million in undue advantages from the CCR group, as a slush fund for electoral campaigns. The court of origin acquitted the former deputy because it understood that the evidence was insufficient to demonstrate the facts narrated in the initial statement, as they were based only on the word of whistleblowers. Unanimously, the TJ-SP upheld the sentence, under the report of judge Percival Nogueira.
Minister Alexandre de Moraes cast the winning vote in the virtual trial Carlos Moura/SCO/STF The direct unconstitutionality action was proposed by the Brazilian Association of Land Passenger Transport Companies (Abrati). The entity questioned sections of Law 10,233/2001 , which created ANTT, and the agency's Resolution 233/2003 , which established infractions and sanctions for interstate and international road pass Special Phone Number Data enger transport services. The author alleged that the normative power granted to ANTT by law does not authorize it to classify administrative offenses through infra-legal acts. The understanding of Minister Alexandre de Moraes prevailed. For him, the interpretation intended by Abrati would suppress almost all of ANTT's normative competence. "The role of the agency would be reduced to that of true manager of public service concession contracts", he pointed out. The judge also considered that the resolution is in accordance with the law, as it protects the interests of users regarding the quality and supply of transport services.
The rapporteur, minister Marco Aurélio, who retired in 2021, was defeated. He voted in favor of Abrati's requests. All other ministers accompanied Alexandre. With information from the STF press office .ue to the lack of evidence, the 8th Chamber of Public Law of the São Paulo Court of Justice confirmed the acquittal of former state deputy Antônio Carlos de Campos Machado, accused of acts of administrative improbity. Alesp Alesp Former deputy Campos Machado was acquitted in an action of improbity Campos Machado was accused of having received R$1 million in undue advantages from the CCR group, as a slush fund for electoral campaigns. The court of origin acquitted the former deputy because it understood that the evidence was insufficient to demonstrate the facts narrated in the initial statement, as they were based only on the word of whistleblowers. Unanimously, the TJ-SP upheld the sentence, under the report of judge Percival Nogueira.