Sector clipping

Tag: Adulteration of fuels

Posts that adulterated fuel are condemned by the Piauí Justice

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.

Police seize 2 trucks from André. Suspected fuel adulteration

Source: Rede Sul de Notícias (Guarapuava - PR) - 28/05/2012

The Guarapuava Military Police seized two trucks belonging to André Lopes' group last week. The flagrant was done because the trucks changed fuel from one to another on a public road. Taken to the police station, it was found to be vehicles of a group linked to André Lopes.

The Special Action Group to Combat Organized Crime (Gaeco) also follows the case.

According to the chief delegate of the 14th SDP, ItaloBianchardi Neto, the police are also investigating the possibility of adulteration of fuels. “Samples were taken and the expert is carrying out the evaluation. In the coming days we will know if it is adulterated fuel ”, explains Ítalo.

The two tank trucks were collected in the yard of the Instituto de Criminalística.

The group linked to André Lopes is being investigated by the IRS, Federal Police and Gaeco on suspicion of having evaded more than R $ 500 million. The investigation into the group was launched in March, through Operation Hydra.

Finance Secretariat seals fuel pumps at Dutra Highway station

Source: Finance Department - SP (São Paulo - SP) - 23/05/2012

The São Paulo Finance Department, through the De Olho na Bomba operation, sealed the fuel pumps of Auto Posto Presidente Gasolina e Lubrificantes Ltda., Located at km 23 of Rodovia Presidente Dutra, in Guarulhos, on the morning of 5/222. The establishment had its state registration canceled for commercialization of adulterated fuel.

The operation was carried out by a team composed of six income tax agents from the Guarulhos Regional Tax Office (DRT-13). Auto Posto Presidente Gasolina e Lubrificantes Ltda. had been the target of Operation De Olho na Bomba on 11/4/2006, when fuel samples were collected at the establishment. At the time, the material was sent to the Technological Research Institute (IPT) of the State of São Paulo, which found that the ethanol sold was not in conformity with the specifications established by the National Petroleum Agency.

The establishment had its state registration revoked on 3/3/2007, but operated with a court injunction. The Secretariat of Finance and the Public Ministry revoked the injunction, reestablishing the effects of the revocation of the state registration of Auto Posto Presidente Gasolina e Lubrificantes Ltda.

Pump Eye Operation

State registrations for 939 service stations have been canceled throughout the State of São Paulo since the beginning of the operation in 2005. The São Paulo State Tax Authority has the authority to cancel the effectiveness of the state registration of these establishments in order to prevent the sale of adulterated fuel and tax evasion. This permission is supported by Law 11.929, of April 12, 2005, regulated by Ordinances CAT 28, 32, 61 and 74/05.

Inspection consists of checking pumps, checking the establishment's registration data and collecting samples of the commercialized fuel, which are sent to the State University of Campinas (Unicamp) for analysis. Fuel stations, distributors and carriers are subject to inspection.

In the event of an infraction, the stations are prevented from functioning and have sealed tanks containing fuel, in addition to their respective supply pumps. According to the law, the partners (individuals or legal entities) of the establishment are prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

The state legislation provides for the revocation of the state registration of stations, distributors and transporters caught with fuel out of specifications, in addition to fines from the Treasury Department, for tax evasion, and Procon, for injury to the Consumer Protection Code, and opening of police investigation, in which the owners respond to civil and criminal cases.

The complete list of canceled gas stations can be consulted on the website of the Secretariat of Finance (www.fazenda.sp.gov.br). Just access the option “Consultation of canceled stations”. To report a post suspected of selling adulterated fuel, the taxpayer can call the Secretariat's Ombudsman at (11) 3243-3676 and (11) 3243-3683 or send an email to ombudsman@fazenda.sp.gov.br.

Gas stations in Rio de Janeiro may be practicing cartel

Source: Jornal do Brasil (Rio de Janeiro - RJ) - 19/05/2012

The reporting team of Newspapers in Brazil he visited gas stations in Rio de Janeiro this Saturday morning and could see that the price charged for fuels in the city varied little, which may characterize a possible cartel formation. The situation in the capital of Rio de Janeiro also occurs in other regions of the country. In April of this year, the National Petroleum Agency (ANP) reported that it had filed a lawsuit with the Public Ministry of the Federal District after a survey carried out by the regulatory body between January 2010 and March 2011 pointed out that 90% of the stations sold a liter of oil. fuel alcohol at R $ 2,84. With regard to gasoline, the practice was even more evident: in all establishments the price was between R $ 2,94 and R $ 2,95.

The lack of competitiveness is extremely harmful to the consumer, who is often forced to pay an expense incompatible with his budget. According to experts, fuel costs should not exceed 15% of family income. This, however, is not always possible, according to general services assistant Roberto Barbosa, resident of Piedade, in the North Zone of Rio de Janeiro.

“It's complicated for anyone, like me, who needs to use the car every day. You have nowhere else to run. I know I spend a lot more than I could, but I have no option. What could I do? Stop working? ”He asks indignantly.

O Newspapers in Brazil sought the Union of Retail Trade in Fuels, Lubricants and Convenience Stores of the Municipality of Rio de Janeiro (SINDCOMB-RIO), but did not receive an answer. The team was also unable to contact the ANP and the Rio de Janeiro Public Ministry.

Tampering also worries

According to data from the ANP, 11 out of every 100 stations inspected eleven had irregular fuel. The most common practice is the presence of solvent in gasoline, which can cause loss of engine power, increased consumption, in addition to drying and accelerated corrosion of the plastic and rubber components of the vehicle's engine. 

In May, the owners of Autoposto e Garagem Vila Iguatemi Ltda, in Vila Isabel, were ordered to pay around R $ 172 for collective moral damages and to publish, in at least three newspapers of great circulation in Rio, notices calling on consumers that can prove the damage caused by adulterated gasoline to be compensated.

Gas stations will remain closed on suspicion of fraud

Source: Gazetaweb - Maceió / AL - 17/12/2010

The president of the Court of Justice of Alagoas (TJ / AL), judge Elisabeth Carvalho Nascimento, suspended the preliminary decision that determined the removal of the seals of the pumps and storage tanks of Auto Posto Federal Ltda. and other stations, allegedly involved in the practice of fuel adulteration and ICMS evasion. The decision was published in the Electronic Justice Journal (DJE) this Friday (17).

Chief Judge Elisabeth Carvalho saw the concrete possibility of impacting the public interest. "At this procedural moment, the intention is to remove the possibility of commercializing the product identified by the investigations as adulterated, in addition to being considered an intrinsic purpose of the amounts arising from the tax collection", he evaluated.

During the operation “Leão de Fogo”, carried out by the Group for the Combat of Criminal Organizations (GECOC) of the State Prosecutor's Office, the seal of the pumps and storage tanks of several stations allegedly involved in the practice of fuel adulteration and tax evasion had been determined. on Circulation of Goods and Services (ICMS).

The State of Alagoas, in defending its regular exercise of police power, had pleaded for the suspension of the preliminary injunction that determined the removal of the seals, claiming that the refusal could cause serious damage to public order, due to possible burden to be caused to the collectivity, as well as under the allegation of alleged tax evasion.

 

Farm carried out 12 thousand inspection actions at gas stations

Author: Communication Department of the Finance Department

Source: Secretariat of Finance - São Paulo / SP - 08/11/2010

The São Paulo State Finance Department carried out 12.381 inspection actions at gas stations in five years of the De Olho na Bomba operation. During this period, the São Paulo tax authorities visited all 8.571 gasoline, alcohol and diesel dealers in the state and visited 44% of them more than once. The result of this permanent inspection is a significant improvement in the quality of products sold in the state.

The efficiency of inspection operations can be seen in the reduction in the total number of samples of adulterated products. When the operation was launched in 2005, 38% of the samples analyzed in laboratory tests showed some non-conformity. In 2010, this percentage dropped to 4,96%.

The De Olho na Bomba operation canceled the state registration of almost 10% of the state stations for selling adulterated fuel. According to the Treasury's balance sheet, 813 service stations and distributors have been closed by the operation since its implementation in 2005. This number counts the stations sealed on 20/10, National Day to Combat Tax Evasion, which closed 17 stations due to nonconformity and prohibited again 3 revoked resellers who had broken the seals and were operating illegally.

From September 2009 to October 2010, the Forfeiture Law - which provides for the incorporation of the recovered product into the State's assets - was applied to 131 companies in the fuel sales sector. In joint actions carried out with the Consumer Protection and Defense Foundation (Procon-SP), 160.085 liters of adulterated fuels were seized and will be incinerated in accordance with State Law No. 12.675 / 07. 16.053 liters of fuel that could be reprocessed were also seized and may be donated to public bodies such as the Military Police, Fire Department, among others.

The state has 18 Regional Tax Stations (DRT) responsible for the inspection of establishments and develop a permanent inspection schedule. The capital's DRTs (I; II and III), due to the large concentration of fuel dealers, have the largest number of canceled stations, in the total of 251. The region with the lowest number of canceled stations is Araçatuba (DRT9) with 19 closed establishments.

Inspection

Inspection operations in the fuel sector are constant and do not have fixed dates. The teams from the De Olho na Bomba operation collect three samples that are sent for analysis by the State University of Campinas (Unicamp). However, a preliminary test can be done at the same time and, once the suspected adulteration is confirmed, the tank with the non-compliant fuel and its respective pumps are sealed.

After the fraud in the Unicamp analysis process was confirmed, the Treasury starts the process of removing the state registration of the establishment and Procon-SP starts the process to decree the loss of fuel. According to the law, the partners (individuals or legal entities) of the establishment closed by the inspection are prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

The complete list of canceled gas stations is available on the website of the Secretariat of Finance (www.fazenda.sp.gov.br). Just access the option “Consultation of canceled stations”. To report a post suspected of selling adulterated fuel, the consumer can call the Ombudsman's Office at the telephone numbers (11) 3243-3676 and (11) 3243-3683 or send an e-mail to ombudsman@fazenda.sp.gov.br.

Check the list of posts inspected since the beginning of the operation.

 

Period No. of Supervised Posts
Dec / 2004 to Dec / 2005 1.392
Jan to Dec / 2006 2.405
Jan to Dec / 2007 2.289
Jan to Dec / 2008 2.534
Jan to Dec / 2009 2.339
Jan to Aug / 2010 1.422

See the list of positions canceled by region.

 

1 º Capital 251
2 º Campinas 70
3 º Coast 54
4 º Osasco 52
5 º Ribeirão Preto 50
6 º ABCD 39
7 º Jundiaí 38
8 º Guarulhos 38
9 º Sorocaba 36
10 º Paraíba Valley 34
11 º Araraquara 34
12 º Marilia 29
13 º Presidente Prudente 25
14 º Bauru 24
15 º São José do Rio Preto 20
16 º Araçatuba 19

04/11/2010

Communication Department of the Finance Secretariat

 

Project establishes sanctions against irregular fuel

Source: O Fluminense - Niterói / RJ - 13/10/2010

The Chamber analyzes the Bill 7227/10, by deputy Edmar Moreira (PR-MG), which establishes sanctions for the acquisition, storage, distribution and resale of petroleum-derived fuels unfit for consumption. According to the text, trade in products that do not meet the specifications of the National Petroleum Agency (ANP) may be punished with a fine, seizure of goods, partial or total interdiction of the establishment.

According to Edmar Moreira, "adulteration of fuels tends to increase the emission of pollutants, is a probable source of damage to health, in addition to causing damage to the engine and other components of the vehicle, generating loss of power and increased consumption".

For the proposal, it will be up to the Procons to apply the punishments, based on a report that proves the irregularities, issued by the ANP or by entities accredited by it or associated with it.

The project also establishes that, after collecting fuel samples, if preliminary tests show signs of inadequacy to the specifications of the regulatory agency, tax agents will be authorized to seize the fuel and seal the tank or pump. Once the inadequacy is proven, Procon must notify the infringer, who will have five days to present his defense.