Post by xyz3000 on Feb 11, 2024 23:46:01 GMT -5
Infraero must be investigated by the Federal Public Ministry on charges of not having respected the public bidding procedures by having exclusively transferred, on December 8th, to the airline Gol, the primacy in the exploration and occupation of Transbrasil areas in airports from across the country. The investigation request will be filed this Wednesday (12/14) by Transbrasil. And it is reinforced by the decision of federal judge Rubem Lima de Paula Filho, of the 17th Federal Court of Brasília, dated this Monday (12/12). The concession for the exploration of the land by Gol was signed by the commercial director of Infraero, Tércio Ivan de Barros, and by the director Marco Antonio Marques de Oliveira. In its investigation petition, Transbrasil alleges that a relative of an Infraero director was a Gol pilot.
Transbrasil no longer flies. Last March, Minister Eros Grau, of the Federal Supreme Court, understood that Transbrasil has the right to provide proof of repayment of the debt with General Electric Corporation. The bankruptcy request was made by GE to the São Paulo Court of Justice. According to the company, Transbrasil has a debt of R$27 million. According to the airline's lawyers, the Central Bank certificates Estonia Email List and exchange contracts presented by the company confirm the payment of the debt, according to a validation opinion issued by the consultancy company Trevisan. Lack of bidding Transbrasil's lawyers allege that Infraero, when trying to transfer the company's land to Gol, violated the law on public tenders and also Article 37 of the Federal Constitution. Therefore, they took action (attack) against Infraero.
The assertions made show the signing of new contracts between Infraero and another airline, in this case Gol Transportes Aéreos AS, involving precisely the areas whose resumption is discussed in the aforementioned actions. In my opinion, the situation of an attack is evident, since, as argued by the author, there would be a safe practice of an act that results in illegal innovation in the factual state of the thing in dispute (art. 879.III, CPC), makinThus, the new Civil Code stipulated, in a didactic way, four ways of terminating contracts: termination, termination clause, exception of unfulfilled contract and termination due to excessive onerousness. Of interest to the proposed topic is only the last form of extinction listed, registered in article 478 of the current Civil Code: In contracts with continuous or deferred performance, if the performance of one of the parties becomes excessively onerous, with extreme advantage for the other, due to extraordinary and unpredictable events, the debtor may request the termination of the contract.
Transbrasil no longer flies. Last March, Minister Eros Grau, of the Federal Supreme Court, understood that Transbrasil has the right to provide proof of repayment of the debt with General Electric Corporation. The bankruptcy request was made by GE to the São Paulo Court of Justice. According to the company, Transbrasil has a debt of R$27 million. According to the airline's lawyers, the Central Bank certificates Estonia Email List and exchange contracts presented by the company confirm the payment of the debt, according to a validation opinion issued by the consultancy company Trevisan. Lack of bidding Transbrasil's lawyers allege that Infraero, when trying to transfer the company's land to Gol, violated the law on public tenders and also Article 37 of the Federal Constitution. Therefore, they took action (attack) against Infraero.
The assertions made show the signing of new contracts between Infraero and another airline, in this case Gol Transportes Aéreos AS, involving precisely the areas whose resumption is discussed in the aforementioned actions. In my opinion, the situation of an attack is evident, since, as argued by the author, there would be a safe practice of an act that results in illegal innovation in the factual state of the thing in dispute (art. 879.III, CPC), makinThus, the new Civil Code stipulated, in a didactic way, four ways of terminating contracts: termination, termination clause, exception of unfulfilled contract and termination due to excessive onerousness. Of interest to the proposed topic is only the last form of extinction listed, registered in article 478 of the current Civil Code: In contracts with continuous or deferred performance, if the performance of one of the parties becomes excessively onerous, with extreme advantage for the other, due to extraordinary and unpredictable events, the debtor may request the termination of the contract.