Post by account_disabled on Mar 11, 2024 13:25:26 GMT 10
The municipality cannot break a contract with a financial institution and then hire another without considering the consequences of breach of contract. With this understanding, the president of the Superior Court of Justice, minister Ari Pargendler, maintained the contract between the municipality of Venâncio Aires (RS) and Banco Santander, responsible for managing the payroll of active and inactive public servants in the municipality.
The municipal administration will have to maintain the bank in managing the payroll. Otherwise, you will be forced to reimburse part of all amounts already transferred to the municipal coffers.
The records state that, in October , the city of Venâncio Aires contracted Santander for “the onerous assignment of the rights to receive the amounts and make the respective payments” on the payroll of statutory municipal Austria Phone Numbers List employees, CLT employees, contractors and positions electives. The contract determined exclusivity for a period of months, counting from the date of signing the document. The municipality received from Santander, in a single installment, the amount of R$ million.
In May , an administrative process determined the termination of the contract with the bank. In the same month, the municipality contracted Caixa Econômica Federal to provide, on an exclusive basis, the processing of credits arising from % of the payroll generated by the city and by direct and indirect administration bodies, “covering active, inactive, pensioners, in addition to payments in favor of interns or anyone who maintains or will maintain a remuneration relationship with the municipality”. Caixa would have to pass on the amount of R$ million to the municipality.
With the contractual termination, Santander filed an Ordinary Action against the municipality. He requested that the original contract be reinstated or that Venâncio Aires be ordered to pay damages, including the amount previously paid by the bank. In the first instance, it accepted the injunction to suspend the effects of the administrative termination, keeping Santander in payroll management.
The municipality appealed to the Rio Grande do Sul Court of Justice, which denied the request. The TJ from Rio Grande do Sul claimed that mentioning the new administrative contract signed with the CEF is not enough to allow the granting of the suspension of security, “either due to the aforementioned non-limitation of the institute's reach to the financial volume, or because it disregards the existence of a previous contract, partially fulfilled, whose values already reached the municipality exceed by more than % of the new instrument”.
At the STJ
The municipal administration appealed to the STJ with a request to suspend the injunction. In his defense, he claimed that the measure will cause serious harm to the city's order, economy and public finances, as it would “frustrate the entire schedule established by the municipality and the contractor (CEF) for opening and transferring accounts by public servants municipalities, harming the centralization of public accounting systems.
The municipal administration will have to maintain the bank in managing the payroll. Otherwise, you will be forced to reimburse part of all amounts already transferred to the municipal coffers.
The records state that, in October , the city of Venâncio Aires contracted Santander for “the onerous assignment of the rights to receive the amounts and make the respective payments” on the payroll of statutory municipal Austria Phone Numbers List employees, CLT employees, contractors and positions electives. The contract determined exclusivity for a period of months, counting from the date of signing the document. The municipality received from Santander, in a single installment, the amount of R$ million.
In May , an administrative process determined the termination of the contract with the bank. In the same month, the municipality contracted Caixa Econômica Federal to provide, on an exclusive basis, the processing of credits arising from % of the payroll generated by the city and by direct and indirect administration bodies, “covering active, inactive, pensioners, in addition to payments in favor of interns or anyone who maintains or will maintain a remuneration relationship with the municipality”. Caixa would have to pass on the amount of R$ million to the municipality.
With the contractual termination, Santander filed an Ordinary Action against the municipality. He requested that the original contract be reinstated or that Venâncio Aires be ordered to pay damages, including the amount previously paid by the bank. In the first instance, it accepted the injunction to suspend the effects of the administrative termination, keeping Santander in payroll management.
The municipality appealed to the Rio Grande do Sul Court of Justice, which denied the request. The TJ from Rio Grande do Sul claimed that mentioning the new administrative contract signed with the CEF is not enough to allow the granting of the suspension of security, “either due to the aforementioned non-limitation of the institute's reach to the financial volume, or because it disregards the existence of a previous contract, partially fulfilled, whose values already reached the municipality exceed by more than % of the new instrument”.
At the STJ
The municipal administration appealed to the STJ with a request to suspend the injunction. In his defense, he claimed that the measure will cause serious harm to the city's order, economy and public finances, as it would “frustrate the entire schedule established by the municipality and the contractor (CEF) for opening and transferring accounts by public servants municipalities, harming the centralization of public accounting systems.