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Vereador é processado pelo MPPB por acumular três aposentadorias e salário de parlamentar

O Ministério Público da Paraíba ajuizou uma ação civil pública por improbidade administrativa, em defesa do patrimônio e da moralidade administrativa, com pedido de tutela de urgência, contra o servidor público, Crisanto Cavalcante de Farias. Ele está sendo processado porque estaria acumulando ilegalmente duas aposentadorias pelo Estado, pagas pela PBPrev, como regente de ensino e cirurgião dentista; uma aposentadoria no Município de Rio Tinto, como odontólogo, além de receber os subsídios de vereador em Mamanguape.

Na ACP 0800642-68.2019.8.15.0231, protocolada na 2ª Vara Mista de Mamanguape, nesta terça-feira (23/04), a 3ª promotora de Justiça de Mamanguape, Carmem Eleonora da Silva Perazzo, diz que a investigação foi iniciada pelo Inquérito Civil Público 002.2018.014572 iniciado na Promotoria de Justiça do Patrimônio Público de João Pessoa. O caso foi encaminhado à Promotoria de Mamanguape, porque, inicialmente, as duas aposentadorias pagas pela PBPrev seriam legais, mas o acúmulo com o vínculo de vereador e com a terceira aposentadoria em Rio Tinto precisariam ser investigadas. O MPPB apurou que o vereador recebeu, indevidamente, R$ 210 mil, desde janeiro de 2017 até abril de 2019, na condição de parlamentar.

“É preciso ressaltar que a regra de vedação à acumulação não atinge apenas os servidores ativos. A percepção simultânea de proventos deaposentadoria também devemobservar os ditames constitucionais. Cumpre atentar que, em nenhum momento, a Constituição autorizou o acúmulo de três cargos, empregos e/ou funções remuneradas pelo Poder Público, ainda que exista compatibilidade de horários. Portanto, o mandato eletivo de vereador só é acumulável com mais um cargo, emprego ou função, desde que haja compatibilidade de horários. Desse modo, é inadmissível a acumulação remunerada de três ou mais cargos e empregos, ainda que todos sejam passíveis de dupla acumulação, ou mesmo que um deles provenha de aposentadoria”, conclui a promotora em trecho da ACP.

Diante do apurado pelo Ministério Público, a promotora Carmem Perazzo requereu à Justiça que seja concedida a tutela de evidência, suspendendo-se o pagamento dos subsídios ao promovido pela Câmara Municipal de Mamanguape, como medida mais imediata. O MPPB também requereu que seja reconhecida no acúmulo ilegal de eventos “a prática de ato de improbidade administrativa prevista no artigo 10º e 11 da Lei 8.429/92, condenando nas sanções previstas no artigo 12, incisos II e III, com o ressarcimento dos valores acrescidos ilegalmente a seu patrimônio, desde janeiro de 2017, momento em que assumiu a vereança, até a exata suspensão do pagamento dos subsídios de vereador ao mesmo, sendo que o montante deverá ser atualizado monetariamente pelos índices oficiais de correção e acrescidos de juros de mora na taxa legal, a serem apurados na fase processual adequada”.

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