League will have to return income from 1995 Carnival tickets to Rio de Janeiro

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As the Superior Court of Justice cannot re-examine evidence in a special appeal, the 2nd Panel of the court maintained the decision of the Court of Justice of Rio de Janeiro that condemned the Liga Independente das Escolas de Samba do Rio de Janeiro (Liesa) to reimburse the municipality of I receive the revenue from the sale of tickets for the 1995 Carnival samba school parades. The amount must be paid in correct form, with legal default interest accruing from the date of the summons.

The decision originated in two processes: a popular action and a public civil action filed with the aim of annulling the contract by which the municipality transferred to Liesa, without bidding and exclusively, the duties of managing, organizing and promoting the school parade. of the special group at Marquês de Sapucaí in 1995.

For the Public Ministry of Rio de Janeiro, the contracting through non-requirement of bidding is not justified, as there was no proof of Liesa's alleged technical and financial capacity to manage the parades.

The MP-RJ also pointed out irregularities B2B Lead regarding the failure to require proof of the legal qualification and fiscal regularity of the contractor, in addition to the irregular exemption from preparing the basic service project, which allowed Liesa to establish clauses that disproportionately favored it, culminating in the signing of a contract that reserved a share of around 74% of the income obtained from ticket sales.

Sole and exclusive
The municipality of Rio claimed that the contractor would be the only and exclusive national entity qualified to promote the special group's parades, which would justify the non-requirement of bidding. He also claimed that there was no damage to the treasury, as attested by the approval of the accounts at the Rio Municipal Court of Auditors.

Liesa stated that, if the legality of the procedure was corroborated by the TCM-RJ, the Judiciary could not intervene on the administrative merits.

Summary 7
When deciding the matter, reported by Minister Francisco Falcão, the Second Panel of the STJ recalled that, in a special appeal, the court cannot act as a review or appeal body to review facts and evidence, as determined by Summary 7.



“The appealed ruling considered that the hiring of Liesa, without bidding, to provide the carnival activity, with the use of public space and full exploitation of the event, covered two different topics, and with regard to the event management service, it did not the characteristic of a specialized technical service would be envisaged for the purpose of exempting from bidding”, stated the rapporteur.

To review the foundations of the TJ-RJ, explained Falcão, it would be essential to re-examine the evidence in the case, which is not possible in a special appeal. Likewise, he said, the STJ is unable to examine the questions regarding the alleged unjust enrichment of the municipality and Liesa's financial results, as the court of origin decided to reimburse the public coffers based on documents and an expert report.