Post by account_disabled on Mar 10, 2024 22:29:37 GMT -6
Banco do Brasil was unable to cancel a auction at the São Paulo City Council in which it was replaced by the Banco do Estado de São Paulo (Banespa) for payment services for municipal employees. The nd Panel of the Superior Court of Justice considered the unilateral termination of the current contract and the new bidding process as valid.
The City Council made a bid on terms similar to the current contract with Banco do Brasil seeking more advantageous values. However, the bank understood that the process could not have occurred, as it had a contract with the Chamber expected to last five years. This, in turn, alleged two points: the values of the counterpart from Banco do Brasil were out of date and the replacement would serve the public interest.
Minister Humberto Martins recalled that administrative Austria Phone Numbers List contracts are governed by Public Law, despite being private in nature. There is even a law that authorizes the administration to unilaterally terminate a contract that is contrary to the public interest. It is Law ,/, the Bidding Law. According to her, damages resulting from termination are obligatorily paid by the administration.
With the decision of the São Paulo Court of Justice, the delay in the counterpart amounts owed by Banco do Brasil is proven. The institution refused to readjust the contract, even though it was informed that other financial institutions were offering higher values in similar cases. Banespa's offer, for example, was R$ million. Banco do Brasil, on the other hand, offered R$ million to maintain the contract.
According to the group, Banco do Brasil did not request reimbursement, although it was entitled to it. “On the contrary”, concluded the rapporteur, “he merely requested the annulment of a tender initiated in a motivated manner, seeking to maintain a terminated contract within the limits of action permitted to the Public Administration”. With information from the STJ Communications Office.
The City Council made a bid on terms similar to the current contract with Banco do Brasil seeking more advantageous values. However, the bank understood that the process could not have occurred, as it had a contract with the Chamber expected to last five years. This, in turn, alleged two points: the values of the counterpart from Banco do Brasil were out of date and the replacement would serve the public interest.
Minister Humberto Martins recalled that administrative Austria Phone Numbers List contracts are governed by Public Law, despite being private in nature. There is even a law that authorizes the administration to unilaterally terminate a contract that is contrary to the public interest. It is Law ,/, the Bidding Law. According to her, damages resulting from termination are obligatorily paid by the administration.
With the decision of the São Paulo Court of Justice, the delay in the counterpart amounts owed by Banco do Brasil is proven. The institution refused to readjust the contract, even though it was informed that other financial institutions were offering higher values in similar cases. Banespa's offer, for example, was R$ million. Banco do Brasil, on the other hand, offered R$ million to maintain the contract.
According to the group, Banco do Brasil did not request reimbursement, although it was entitled to it. “On the contrary”, concluded the rapporteur, “he merely requested the annulment of a tender initiated in a motivated manner, seeking to maintain a terminated contract within the limits of action permitted to the Public Administration”. With information from the STJ Communications Office.