Conviction, which includes the return of at least R $ 149 thousand, is for the embezzlement and appropriation of public resources destined for the victims of the gale of 2009
The Federal Court accepted a request from the Federal Public Ministry (MPF) in Santa Catarina and sentenced the former mayor of Irati (SC) Antonio Grando (PSD) to four years and one month in prison for embezzlement and appropriation of public resources. In the same process, Vanderlei Paulo Backes, then administrative manager of the Quilombo Regional Secretariat for Development (SDR), Giam Carlos Rissotto and Jefferson Golo, both leaders at the time, of the Cooperativa Agropecuária Suigrão were also sentenced to the same sentence.
The four were convicted based on Article 1 of Decree-Law 201/1967, which deals with crimes that are the responsibility of municipal mayors, subject to the judgment of the Judiciary, regardless of the pronouncement of the City Council. They were framed in item I of the decree: “To appropriate public goods or rents, or to divert them for their own or someone else’s benefit”.
The four defendants were, however, acquitted of charges of falsifying, in whole or in part, a public document, or altering a true public document (article 297 of the Penal Code), ideological falsehood (article 299) and making use of falsified or altered papers (article 304) – based on article 386 of the Penal Code, as the magistrate understands that these would be means crimes for the diversion of resources, having been absorbed by the latter.
According to the decision of Judge Priscilla Mielke Wickert Piva, from the 1st Federal Court of Chapecó, the initial regime of serving the custodial sentence in relation to all those convicted will be the semi-open one. Convicts will still have to pay the minimum amount set at R $ 149,312.42 to repair the damages caused, plus monetary restatement and interest on late payments, to be jointly and severally supported by the defendants.
The loss of office, civil service or elective mandate was also decreed in which defendants Antonio Grando, Vanderlei Paulo Backes, Giam Carlos Rissotto and Jefferson Golo if they eventually hold or are in office, elective or appointment.
The diversion and appropriation of public resources occurred, according to the complaint sent to the Justice by the Federal Public Ministry, in 2009. Due to a storm / gale that occurred on the night of September 7, 2009, the state of Santa Catarina declared a state of emergency, confirmed by the Ministry of National Integration which, through ordinance 392, of 09/25/2009, approved the Term of Commitment 082/2009, presented by the state government for the “repair of streets, homes, other public spaces, fuel for vehicles, removal of debris, consumables, services and labor necessary for the development of works in the areas affected by the disaster ”. However, as the criminal investigation proved, federal funds, which were supposed to assist the victims of the storm, were diverted for the personal benefit of the convicted.
Criminal Action No. 5008411-90.2018.4.04.7202
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