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The President of the Federal Supreme Court (DST), Dias Toffoli, was suspended Friday (11) judicial decisions authorizing town halls to pay lawyers with money from the Fund.
In suspending the decisions, Toffoli responded to a request made on December 15 by Attorney General Raquel Dodge.
The head of the Crown argued that municipalities can not use the resources devoted to education to pay court costs. The value, says the PGR, is 90 billion rand.
In badyzing the application, Toffoli understood that the Supreme Court had already recognized that the fund's funds "were intended exclusively for public education and for no other purpose". For him, there is "unconstitutional prey" in the use of resources to pay lawyers.
"This is an unconstitutional situation that is likely to affect public education in many municipalities, lack the resources to implement policies in this area and can lead to irreparable damage to the education of thousands of children and adolescents from this country, in a situation, practically repeated, almost irreversible, "he wrote.
The president of the Supreme Court ruled that the country was undermined by poor education, which slowed Brazil's development.
Toffoli also pointed out that the actions on the theme represent a fact that "can not be neglected" because he can achieve "a figure that proves nothing despicable".
The minister stressed that the payment to the prefectures is constitutional because it is determined due to miscalculations. Illegality lies in the fact that prefectures use the resources to pay fees.
According to Raquel Dodge, prefectures have begun bringing to justice a larger share of Fundef due to miscalculations.
Following recognition by the judge that the city was entitled to receive more resources, a court order was issued – a court order authorizing the public authority to include in the budget the amount necessary to pay the penalty. debt.
With the judgment of justice, many municipalities then began to use part of the pre-lodge referring to Fundef to pay the lawyers who had acted in this case.
The prosecution claims to have identified cases of subcontracted offices without a call for tenders.
For Rachel Dodge, there was "a serious breach of public order and the economy".
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