Source: Diário de Natal Online - RN - 06/11/2009

The company RN da Silva Combustíveis Ltda was ordered to pay a fine in the amount of R $ 20 thousand, for selling adulterated gasoline with fuel anhydrous ethyl alcohol (AEAC). The information is from the Rio Grande do Norte Court of Justice.

The company, in its defense, according to the Court, said that the presence of alcohol occurred due to the negligent conduct of an employee, who mistakenly filled the gas tank with alcohol, thus causing adulteration. But, having noticed the failure, the employee would have stopped the improper supply.

For RN da Silva Combustíveis, the fine imposed on it is no longer applicable, according to the TJ / RN, as the establishment has already been banned by the National Petroleum Agency (ANP), and the incident, which cause of the action, was caused by a failure of one of its employees.

The rapporteur of the process, the judge Cláudio Santos, however, based on the Civil Code, considered that the employer is “objectively responsible for the civil reparation resulting from the acts practiced by its employees, in the exercise of the work that is their responsibility”.

According to the case file, in the gasoline sold by the gas station, there was an alcohol content of 37%, when the ANP allows this percentage to be, at most, 24%.

The judge maintained the fine imposed, in the amount of R $ 20 thousand and also affirmed that “the violators of the provisions of this law and other norms pertinent to the exercise of activity related to the oil industry, to the national supply of fuels (…) will remain subject to the following administrative sanctions, without prejudice to the applicable civil and penal sanctions: I- fine ”.

The company RN da Silva Combustíveis, dissatisfied with the decision, filed an appeal that will still be judged by the Court of Justice.

From the Newsroom of DIARIODENATAL.COM.BR