RR Justice condemns former governor Suely Campos for administrative improbity

Bianca Diniz – Cenarium Magazine

BOA VISTA (RR) – The Justice of Roraima condemned the former governor of Roraima, Maria Suely Silva Campos, for administrative improbity due to delays in transfers of Value-Added Tax (ICMS) to the City Hall of Boa Vista. The Public Ministry of Roraima (MP-RR) released the decision on Monday, 12, after a Public Civil Action filed by the Prosecutor of Justice Luiz Antonio Araújo de Souza.

At the time, the municipality of Boa Vista informed the MP-RR that the State of Roraima did not make the due transfers of ICMS installments in the year 2017, amounting to R$16,636,126.10. According to the allegation, the delays began in 20/09/2016 and lasted until 11/11/2016, when the pendencies were regularized.

The same situation was identified in the ICMS installments of 10/18/2016 and 10/25/2016, totaling an unreported amount of R$11,301,773.55. Therefore, the municipality requested several injunctions to require Suely Campos to fulfill her constitutional obligation to pass on the share of ICMS collected.

In addition, the plaintiff states that the same situation was repeated in the years 2017 and 2018, resulting in a total of R$47,603,995.06 not passed on as a transfer of 25% of the proceeds of ICMS collection.

Conviction

For the Judge, Guilherme Versiani Gusmão Fonseca, of the 1st Court of the Public Treasury, the former governor acted against the law. “It is an incontrovertible fact that there were delays in the transfer of funds from the ICMS to municipalities, especially the Capital Boa Vista. As well pointed out by the Parquet, the lack of transfers of constitutional funds are even cause for federal intervention, which ended up happening in the state of Roraima. In my view, the principle of legality was violated”, she argued.

The judicial determination, ordered Suely Campos to pay a civil fine in the amount of 24 (twenty-four) times the value of the remuneration received at the time of the acts. In addition, the politician is prohibited from signing contracts with the government, receiving benefits or tax or credit incentives, directly or indirectly, for a period of four years. Article 12, item III, of Law 8.429/92, as amended by Law 14.230/21 establishes this restriction.

Another conviction

The Justice also convicted the former governor on March 29 for the crime of embezzlement during her administration, between the years 2014 and 2018. Investigations discovered a detour of more than R$ 8 million, corresponding to eight installments discounted in the payroll of public servants, however, not passed on to the Caixa Federal.

According to the Civil Police (PC-RR), the detour of resources occurred during the period May 10 and December 10, 2018, the last year of Suely’s government. These deviations are known as embezzlement, a crime characterized by the unlawful appropriation of money, values, or other movable property, whether public or private, by a public official.

The Police Department for Repression of Crimes against Public Administration (DRCAP), in partnership with the Special Division for Combating Corruption (DECOR), was responsible for the investigation. CENARIUM MAGAZINE contacted the former governor Suely Campos, but had not received an answer by the time this article was published.