Post by account_disabled on Mar 6, 2024 3:37:36 GMT -5
The Constitution says that the lands traditionally occupied by Indians belong to the Union being inalienable and unavailable. Therefore they cannot be rented. For this reason judge Liane Vieira Rodrigues from the Federal Court of Santa Rosa in the northwest of Rio Grande do Sul sentenced an employee of the National Indian Foundation Funai for intermediating the leasing of land in the Guarita Indigenous Reserve. As the public servant had already been fired the sentence suspended his political rights for a period of five years prohibited him from contracting with the Public Power and fined him R$0000.
The sentence says that in addition to the proven act of administrative improbity the functional duties and basic principles of Public Administration were violated. The decision was taken on March th and can be appealed to the Federal Regional Court of the th Region.
According to a complaint filed by the Federal Public Ministry MPF to the Federal Court of Rio Grande do Sul the civil servant as head of the indigenous post of the Guarita Reserve issued more than 0 authorizations for nonindigenous BTC Number Data people to enter the Reserve to provide services — in fact small agricultural leases. The authorizations were issued between 00 and 00. Furthermore the Funai employee was also responsible for arranging financing made on behalf of the Indians at the Banco do Brasil branch in the municipality of Planalto and for marketing the production according to invoices seized during the investigation.
The Guarita Reserve is the largest in Rio Grande do Sul with thousand hectares distributed between the municipalities of Tenente Portela Redentora and Erval Seco. It is home to around seven thousand indigenous people from the Caingangue and Guarani ethnic groups.
Since the Constitution lands recognized as belonging to indigenous people can only be used by indigenous people. The leasing of these areas is expressly prohibited by article of Law 00 known as the ''Land Statute''.
The server defended himself in the Civil Administrative Improbity Action. He stated that the existence of leases was not proven but of simple technical assistance contracts hence why it could not be said about administrative improbity: due to the lack of benefit received. He guaranteed that he had proceeded in strict accordance with the rules without harming the good management of public affairs or the treasury.
But federal judge Liane Vieira Rodrigues stated that the loss to the treasury is not essential for the configuration of the illicit act because Law Administrative Improbity Law does not exclusively aim to protect the economicfinancial portion of public assets adopting a broad and unrestricted approach. Reading the text of the law in a systematic way from the outset allows us to conclude that damage to the treasury damage to property illicit enrichment do not constitute essential elements of the crime.
The sentence says that in addition to the proven act of administrative improbity the functional duties and basic principles of Public Administration were violated. The decision was taken on March th and can be appealed to the Federal Regional Court of the th Region.
According to a complaint filed by the Federal Public Ministry MPF to the Federal Court of Rio Grande do Sul the civil servant as head of the indigenous post of the Guarita Reserve issued more than 0 authorizations for nonindigenous BTC Number Data people to enter the Reserve to provide services — in fact small agricultural leases. The authorizations were issued between 00 and 00. Furthermore the Funai employee was also responsible for arranging financing made on behalf of the Indians at the Banco do Brasil branch in the municipality of Planalto and for marketing the production according to invoices seized during the investigation.
The Guarita Reserve is the largest in Rio Grande do Sul with thousand hectares distributed between the municipalities of Tenente Portela Redentora and Erval Seco. It is home to around seven thousand indigenous people from the Caingangue and Guarani ethnic groups.
Since the Constitution lands recognized as belonging to indigenous people can only be used by indigenous people. The leasing of these areas is expressly prohibited by article of Law 00 known as the ''Land Statute''.
The server defended himself in the Civil Administrative Improbity Action. He stated that the existence of leases was not proven but of simple technical assistance contracts hence why it could not be said about administrative improbity: due to the lack of benefit received. He guaranteed that he had proceeded in strict accordance with the rules without harming the good management of public affairs or the treasury.
But federal judge Liane Vieira Rodrigues stated that the loss to the treasury is not essential for the configuration of the illicit act because Law Administrative Improbity Law does not exclusively aim to protect the economicfinancial portion of public assets adopting a broad and unrestricted approach. Reading the text of the law in a systematic way from the outset allows us to conclude that damage to the treasury damage to property illicit enrichment do not constitute essential elements of the crime.