Post by messi05 on Jan 24, 2024 3:58:31 GMT
Kilometers 385 from the capital, declared itself competent to judge the Federal Public Ministry's demand, since, in the view of the judge who received the public civil action, the controversy would be related to multiple local damages, one in each lot of the concession highways. For the rapporteur of the case at the STJ, Minister Mauro Campbell Marques, the hypothesis is not of multiple local damages, but of regional damage, since it is the possibility of an indivisible administrative offense. In these cases, according to the minister, the rules of article 93 of the CDC are followed, and the competent forum is the Federal Court of the state capital — in this case, Curitiba.
The MPF alleged in the public civil action that the Buy Phone Number List Union sought to renew existing contracts along the same lines as the current one, requiring judicial protection to prevent renewal or require a new tender for the concession of more than 1,800 kilometers of federal highways. in Paraná. According to the rapporteur, the case is peculiar, as the action seeks to prevent the practice of a single act, the possible damage of which is the same for almost the entire state. He highlighted that, despite the plurality of contracts signed, there was only one concession process, involving six lots of highways.
For Mauro Campbell Marques, this finding, in itself, leaves no room for doubt: it is not, as the court of origin understood, "multiple local damages, one in each concession", but a single damage "the extent of which encompasses the entire the region covered by bid number 71/96, therefore confirming the thesis of violation of article 93, II, of the CDC, which establishes the jurisdiction of the state capital's jurisdiction". The minister also said that "the cause of action presented in the appeal concerns the possibility of the occurrence of an administrative offense capable of violating administrative morality.
The MPF alleged in the public civil action that the Buy Phone Number List Union sought to renew existing contracts along the same lines as the current one, requiring judicial protection to prevent renewal or require a new tender for the concession of more than 1,800 kilometers of federal highways. in Paraná. According to the rapporteur, the case is peculiar, as the action seeks to prevent the practice of a single act, the possible damage of which is the same for almost the entire state. He highlighted that, despite the plurality of contracts signed, there was only one concession process, involving six lots of highways.
For Mauro Campbell Marques, this finding, in itself, leaves no room for doubt: it is not, as the court of origin understood, "multiple local damages, one in each concession", but a single damage "the extent of which encompasses the entire the region covered by bid number 71/96, therefore confirming the thesis of violation of article 93, II, of the CDC, which establishes the jurisdiction of the state capital's jurisdiction". The minister also said that "the cause of action presented in the appeal concerns the possibility of the occurrence of an administrative offense capable of violating administrative morality.