Fuels: TRF decides to remove judge
O Globo, 18/12/2004
The Federal Regional Court of the 2nd Region (TRF-2) decided to dismiss Judge Cláudia Valéria Bastos Fernandes, from Volta Redonda. It will respond to disciplinary proceedings for involvement in an injunction granting scheme for fuel distributors, exempting them from paying taxes, and in validating rotten roles in transactions with the Union.
The removal, for an indefinite period, was approved by 14 votes to five in the TRF-2 session, the day before yesterday. The opening of administrative proceedings was decided in the same session by 14 votes to four. Cláudia Valéria, in the period when she served as a judge at the Federal Court of Friborg, granted several injunctions benefiting small fuel distributors.
The judge's decisions accepted the actions of these companies, which questioned the collection of taxes, such as the Contribution for Intervention in the Economic Domain (Cide). With that, the distributors were able to avoid paying these taxes.
The most controversial decision, in March last year, allowed Scorpion Distribuidora, in 11 days, to buy more than 30 million liters of gasoline, failing to collect around R $ 15 million from Cide. During this period, the newly formed Scorpion was the largest distributor in the country.
Distribution companies moved to Friborg
During the period when Cláudia Valéria worked in Friborg, four distributors, including Scorpion, moved to Friborg and filed lawsuits against the judge.
The granting of injunctions led the Union of Fuel Distribution Companies (Sindicom) and the National Treasury Attorney's Office to file complaints against the judge with the TRF-2. These representations provoked an extraordinary correction in Friborg. In addition to the injunctions, the judge will be investigated for validating Eletrobrás' obligations, in the amount of R $ 6 million, which would be used to purchase the aircraft carrier Minas Gerais.
The judge's defense studies whether to appeal the decision.
Article: The precariousness of the rule of law
Stability and clarity are minimum requirements for law enforcement. This is not what you see in Brazil. Standards are changed frequently, often with deplorable technical quality. The interpretation given to the norms also changes continuously, without plausible justification.