Post by xyz3000 on Feb 12, 2024 3:57:38 GMT -5
The President of the Federal Supreme Court, Minister Nelson Jobim, granted a Precautionary Measure in a Writ of Mandamus filed by Transbrasil S/A Linhas Aéreas. With the decision, the airline regains its status as a concessionaire. The measure, according to Transbrasil's lawyer, Cristiano Zanin Martins , “is a giant step for the company to be able to fly again”. The Air Force Command had revoked Transbrasil's concession status. The company appealed administratively, to the Ministry of Defense and to the Presidency of the Republic. Anyone who expected that President Luis Inácio Lula da Silva, having as his compadre Transbrasil's main lawyer, Roberto Teixeira, would lend a helping hand, was wrong.
Both Lula and his deputy and now Minister of Defense, José Alencar, said “no” to the company’s interests. Nelson Jobim's decision, dated this Thursday (12/1), shows that both Lula and Alencar were wrong in not admitting that Transbrasil had not had the right to properly defend itself in court. Nelson Jobim recalls that Transbrasil “also filed a hierarchical administrative appeal to the President of the Republic” and that “the Estonia Email List arguments were rejected and on December 30, 2005 the attacked decision was published”. Nelson Jobim wrote that “the binding act declared the expiration of the concession granted to the petitioner for the provision of air transport services”. Jobim also cited the company's own defense, which guaranteed “that it was not communicated regarding the administrative process initiated, in violation of the principles of contradictory and broad defense”.
In his decision, Jobim writes that “in both administrative and judicial processes, it is necessary to guarantee the principles of contradictory and broad defense”. For Jobim, the “effects of not granting the injunction seem to me at first to be more disastrous than granting it. I grant the injunction for the purpose of suspending the effectiveness of the contested act, reestablishing the petitioner as an air transport concessionaire.PGFN brought, as one of the examples, the operation in which a telephone concessionaire, with a tax debt of R$50 million, incorporated other companies also with disputes with the tax authorities. This operation was considered fraudulent simply because the acquiring company did not inform the PGFN of the operation.
Both Lula and his deputy and now Minister of Defense, José Alencar, said “no” to the company’s interests. Nelson Jobim's decision, dated this Thursday (12/1), shows that both Lula and Alencar were wrong in not admitting that Transbrasil had not had the right to properly defend itself in court. Nelson Jobim recalls that Transbrasil “also filed a hierarchical administrative appeal to the President of the Republic” and that “the Estonia Email List arguments were rejected and on December 30, 2005 the attacked decision was published”. Nelson Jobim wrote that “the binding act declared the expiration of the concession granted to the petitioner for the provision of air transport services”. Jobim also cited the company's own defense, which guaranteed “that it was not communicated regarding the administrative process initiated, in violation of the principles of contradictory and broad defense”.
In his decision, Jobim writes that “in both administrative and judicial processes, it is necessary to guarantee the principles of contradictory and broad defense”. For Jobim, the “effects of not granting the injunction seem to me at first to be more disastrous than granting it. I grant the injunction for the purpose of suspending the effectiveness of the contested act, reestablishing the petitioner as an air transport concessionaire.PGFN brought, as one of the examples, the operation in which a telephone concessionaire, with a tax debt of R$50 million, incorporated other companies also with disputes with the tax authorities. This operation was considered fraudulent simply because the acquiring company did not inform the PGFN of the operation.