Public Prosecutor files lawsuit against managers for debts with Eletrobras.

By cadaminuto.com.br - The State Public Prosecutor's Office (MP/AL), through the 2nd Public Prosecutor's Office of Palmeira dos Índios, filed a public civil action for administrative misconduct against the mayor of Estrela de Alagoas, Arlindo Garrote da Silva Neto, and the former mayor of Palmeira dos Índios, James Ribeiro Sampaio Calado Monteiro, for accumulated debts with Eletrobras Distribuição Alagoas.

Prosecutor Jomar Amorim de Moraes requested the freezing of assets belonging to both individuals, including financial investments, real estate, and vehicles.

In the lawsuits, which are similar in nature, the current and former municipal managers are accused of failing to pay the amounts owed for the supply of electricity to properties under the responsibility of their respective municipalities.

The amount of the asset freeze for the debt of Estrela de Alagoas – which has been in default since November of last year – is R$ 813.108,92 against the mayor. The amount stipulated for Palmeira dos Índios totals R$ 71.190.16, relating to the months of September and November 2016, against the former mayor of Palmeira dos Índios.

Initially, to guarantee the reimbursement of the funds, it was decided to freeze bank accounts or financial investments. "If the freezing of the aforementioned amounts does not reach the required figures, the Prosecutor's Office wants the seizure of real estate and vehicles belonging to the defendants to be decreed," states the prosecutor.
To prevent the accused from disposing of assets, official notices were sent to the registry offices of both cities, as well as Maceió.

 "It is necessary to state that the asset freeze requested here does not appear to be an anticipation of sanctions against the defendants, but merely a means of ensuring the useful outcome of the process, initiated in defense of public assets and the principles of public administration," the prosecutor added.

The representative of the Public Prosecutor's Office states in the petition that the defendants violated the constitutional principles of legality, morality, impartiality, and efficiency, and further aggravates the accusation with collective moral damage.

The Public Prosecutor's Office argues that, in addition to causing losses to public funds, the defendants extended the harm to the population when, due to the suspension of the power supply, public administration bodies were unable to provide essential services.

"Social outrage is also evident, as the population has been and continues to be deprived of access to public services, given that several public agencies are not functioning or are functioning poorly due to the lack of electricity in municipal public buildings," argues prosecutor Jomar Amorim.

The concept of collective moral damages is guaranteed by Federal Law No. 7.447/85.

With Ascom/MP