Posts that adulterated fuel are condemned by the Piauí Justice

By ETCO
31/05/2012

Source: Portal O Dia (Teresina - PI) - 29/05/2012

The Federal Public Prosecutor's Office in Piauí (MPF / PI) obtained in court, through a public civil action filed by the Attorney of the Republic Kelston Lages, the condemnation of the Tepel posts (Teresina Petróleo Ltda), Star Serviços Picos Ltda, Lourival Ferreira dos Santos and Posto Francisco Santos Ltda for the sale of adulterated fuels.

The Federal Court, accepting the arguments and evidence presented by the MPF in the lawsuit, ordered the companies to pay a fine of 5% of the gross billing amount in their last year (excluding taxes), as well as the payment of damages for losses and damages in favor of the fund referred to in art. 13 of Law 7.347 / 85, and the amount of the indemnity must be determined in arbitration.

Proof of irregularities was obtained through inspection carried out by the National Petroleum Agency (ANP) from 01/01/2002 to 22/05/2002. The agency's technicians found that at Posto Francisco Santos Ltda, Star Serviços Picos and Tepel, the content of anhydrous ethyl alcohol fuel (AEAC), in the samples collected, was in a percentage above that specified by the ANP.

At the Lourival Ferreira dos Santos Post, the field test showed the percentage of 19% of AEAC, while the minimum percentage allowed by the ANP is 23%. In addition to these samples, chemical analysis and information bulletins also supported the public civil action brought by the MPF.

During the course of the process, none of the companies managed to add to the file any evidence that could rule out the irregularities committed by the companies and pointed out by the MPF in the action. They limited themselves to transferring to the fuel distributors the responsibility for the adulteration found in the analyzed products.

But for Justice, there is no need to transfer the responsibility for adulterated gasoline to the distributor, as the presumed guilt falls on the supplier, based on the risk theory of the activity and the constitutional protection guaranteed to the consumer.

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