Post by account_disabled on Mar 11, 2024 4:28:56 GMT
Only Banco do Brasil is authorized to make payroll loans for employees of the municipality of São Paulo. The Special Court of the Superior Court of Justice upheld a decision that authorizes only Banco do Brasil to make loans. According to the president of the STJ, minister Ari Pargendler, rapporteur of the appeal, if the contract is broken, the municipality will lose the amounts that Banco do Brasil was obliged to pay it, around R$ million.
In this case, the municipality of São Paulo issued Decree ,/, which granted exclusivity to Banco do Brasil. The Union of Workers in Public Administration and Local Authorities of the Municipality of São Paulo (Sindsep) and the Brazilian Bank Association (ABBC) filed writs of mandamus.
They claimed that the prohibition on contracting bank Austria Phone Numbers List loans with a payroll guarantee makes it impossible for civil servants to seek better rates and interest rates in the financial market, in addition to different terms. “In addition to the fact that the decree violates numerous constitutional precepts, it violates the clear and certain rights of all public servants in the municipality of São Paulo, since they could no longer choose who to hire”, maintained Sindsep. The São Paulo Court of Justice granted the request for an injunction.
The municipality then appealed to the STJ, requesting suspension of security. He claimed that it is part of the Administration's discretionary power to dispose of the payroll loan in the manner that is most appropriate and convenient. By decision of the presidency, the injunction was suspended.
Unsatisfied, Sindsep and ABBC appealed for the matter to be taken to the Special Court, maintaining the impossibility of extending the STJ's decision to the Writ of Mandamus filed by the association and the lack of harm to the public economy.
According to Minister Pargendler, it is possible to extend the STJ's decision, as the object of both writs of mandamus is the same: the exclusivity granted to BB to grant credit granted to employees of the municipality of São Paulo, although the requests are several. This is because one Writ of Mandamus was filed in favor of the servers and the other, of the financial institutions.
As for the lack of damage to the public economy, the minister highlighted that the decision is irreproachable, since, if the contract is broken, the municipality will lose around R$ million that the bank was obliged to pay it. With information from the STJ Press Office.
In this case, the municipality of São Paulo issued Decree ,/, which granted exclusivity to Banco do Brasil. The Union of Workers in Public Administration and Local Authorities of the Municipality of São Paulo (Sindsep) and the Brazilian Bank Association (ABBC) filed writs of mandamus.
They claimed that the prohibition on contracting bank Austria Phone Numbers List loans with a payroll guarantee makes it impossible for civil servants to seek better rates and interest rates in the financial market, in addition to different terms. “In addition to the fact that the decree violates numerous constitutional precepts, it violates the clear and certain rights of all public servants in the municipality of São Paulo, since they could no longer choose who to hire”, maintained Sindsep. The São Paulo Court of Justice granted the request for an injunction.
The municipality then appealed to the STJ, requesting suspension of security. He claimed that it is part of the Administration's discretionary power to dispose of the payroll loan in the manner that is most appropriate and convenient. By decision of the presidency, the injunction was suspended.
Unsatisfied, Sindsep and ABBC appealed for the matter to be taken to the Special Court, maintaining the impossibility of extending the STJ's decision to the Writ of Mandamus filed by the association and the lack of harm to the public economy.
According to Minister Pargendler, it is possible to extend the STJ's decision, as the object of both writs of mandamus is the same: the exclusivity granted to BB to grant credit granted to employees of the municipality of São Paulo, although the requests are several. This is because one Writ of Mandamus was filed in favor of the servers and the other, of the financial institutions.
As for the lack of damage to the public economy, the minister highlighted that the decision is irreproachable, since, if the contract is broken, the municipality will lose around R$ million that the bank was obliged to pay it. With information from the STJ Press Office.