T President of STJ (Superior Court), Felix Fischer minister, maintained that decision ordered the suspension of the signing of the concession contract stretch of highway BR 101/ES/RJ, extending 475.9 km.

The Minister rejected the request of the Union and ANTT (National Land Transport), which sought to suspend the ruling, arguing his illegitimacy.

According to decision by a federal judge, the suspension of the signing occurred due to the absence, in Business Plan Consortium Victory Highway – winner of the bid – forecast values ​​for construction of the third lane D stretch award.

The Federal Regional Court of the 1st Region upheld the decision of the judge, but on grounds other, understanding that the business plan submitted by the Victory Highway Consortium failed to fulfill the requirements of detail provided in the announcement.

The Union and ANTT claim that the bidding went smoothly, including manifestation of TCU (Court of Audit) accordingly.

They argue, too, that maintaining the decision means serious injury to order, economy and security, as it “prevents the government implements the policy by which it intends to modernize the Brazilian road system in its main axes.”

In its decision, the minister Felix Fischer said that with the data produced to date, we can not affirm the blatant illegality of the decision.

[Blockquote7] The fact that TCU have manifested in favor of the bid, all evidence does not preclude its consideration by the judiciary, nor assume that the decision may be given in the main proceedings, “said the president of the STJ.
Furthermore, the minister emphasized that injury was not shown to public policy, since the first decision, which suspended the signing of the contract was issued for almost five months, and only now was requested its suspension: “Indeed, the course this period shows, in my view, the extent of unnecessary examination. [/ blockquote7]

The President of the Supreme Court also noted that there is no indication in the process that this passage is not receiving any maintenance or inspection, in order to configure abandonment of the highway, a situation that could increase the risk of accidents.

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