By decision of the 5th Collegium of the Federal District Court of the 1st Circuit, it was decided to reject the Union’s appeal and keep the payment of compensation in the amount of R $ 534,000 to the daughter under the political amnesty. According to the protocols, the plaintiff’s father was declared politically amnestied after her death. Because of this, in order to obtain compensation established by the Regulation, the widow withdrew from the court order, which was being processed by STJ.
reproduction
In the appeal, the Union argues that since the widow’s death occurred prior to the judicial approval of the revocation, her daughter would not have been eligible for a loan.
After analyzing the case, federal judge Sousa Prudente upheld the contested verdict. The judge stated that the amount of the reimbursement had already been transferred to the plaintiff’s mother at the time of her death in accordance with the Time of Accession signed with the Ministry of Planning, Budget and Management (MPOG), with subsequent direct withdrawal of any legal claims.
“The Union is wrong when it intends to revise and reapply this rule to the plaintiff on the pretext that the same formula must be followed when transferring the loan to the applicant, which has no place. It should be noted that, with the recognition of the right from Anesia Pinheiro Keiros Silva, this loan became part of her legal heritage, so that after death it goes to her heirs and comes into force of law, regardless of the will of the Union – it’s just ope Legis, ”he stressed.
The judge also argues that a different understanding of the merits of the case means authorizing the federal government “to exercise someone else’s credit right, using empty and devoid of legal basis, arguing that it did not pay and will not pay anyone. In addition, it means the absurdity of allowing the Union to transversely inherit the assets of those who have the necessary heir, which is also not allowed. ” The rapporteur’s vote was adopted unanimously.
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0014937-82.2016.4.01.3300
