Initially, it was stated that TCU would not administrative tribunal, in the French sense, endowed w

TCU, although it has no power to cancel or halt administrative contracts, has the authority, according to the article. 71, IX of the Constitution, to determine the administrative authority that promotes the cancellation of the contract and, if applicable, the bid that had originated. By ratifying this guide, signed in the trial of 23 550 MS / DF (DJU of 31.10.2001), 1st Class denied the injunction, whose cause of action was the annulment of the Court of Auditors decisum who ordered the Ministry of Transport's statement invalidity retainer of subrogation and re-ratification, by which the petitioner audrey hepburn was transferred under the concession regime, management and exploitation of part and highway. The plaintiff adduced that: a) the declaration of invalidity made by the Department of Highways (DER) state would not be enough to remove the instrument granting the legal system, since it would have the Public Administration the authority to review their actions, along the lines Disclaimers of 346 and 473 of this Supreme Court Precedent; b) the Ministry of Transport, to review the annulling act would have removed the irregularities pointed out by the Court of the state, so that the contract would cease to exist any disagreement with the law, because it would be cool the event; c) the Federal Administration could not be bound by the decision audrey hepburn of the state Court of Auditors, in order that this jurisdiction would encompass only its federal unit; d) the resolution of the Court of Auditors site should be declared void because of restriction of the right of defense, since the petitioner herein had not been notified to integrate resp ectivo process; and e) the Ministry of Transport would not have been asked to consider the procedure before TCU, which would violate the principle of due process.
Initially, it was stated that TCU would not administrative tribunal, in the French sense, endowed with power of conflict ultimately. Preceituou is that the principle of inafastabilidade jurisdiction would prevent such equivalence there, beyond the powers of this body would be properly defined in art. 71 of the CF Furthermore, it was noted that participation in the TCU cancellation, termination or rescission of contracts process, audrey hepburn as there were no illicit or negligent or element in determining audrey hepburn the cause of abnormal termination of adjustment, would limit the authority to determine the fixation term of the entity, in order to adopt the necessary audrey hepburn measures for the strict compliance of the law, if an illegality. It was stressed audrey hepburn that the effects of the failure of the command of the Court of Auditors would dilate to another sphere (Law 8443/92:. "45 Art verified the illegality of the act or contract, audrey hepburn the Court, as established in the Bylaws audrey hepburn , deadline to sign the charge necessary to adopt the exact compliance with the law, making express devices to be observed indicating 1 In the case of administrative action, the Court, if not met:. I - sustará execution of the contested act II - communicate the decision to the House of Representatives and the Senate,.. III - apply to charge the fine provided for in item II of article 58 of this Law 2 In the case of contract, audrey hepburn the Court, if not met, notify the fact to Congress, which is responsible adopt the restraining act and request immediately, the Executive Branch, appropriate action audrey hepburn ").
Alluded that if the administrator has not bowed to that prescribed by TCU, the initiative would return the very Court of Auditors (CF, art. 71, X). Moreover, if versou that, in the event of contract, the restraining act would be directly adopted by (CF, art. 71, 1) National Congress. However, the suspension setting by the latter body would be unnecessary in the species, as the Ministry of Transport declared null the term of subrogation. It was observed that UNII delegation signed between you and the member state would possess the possibility of subrogation audrey hepburn of any covenant granting the Federal audrey hepburn Government, clause if there was complaint that instrument by the delegatee. That occurs before there was a complaint by the federal unit, the body responsible for both - their respective DER under contractual clause - would already have voided the concession adjustment. He stated that, in principle, the Ministry audrey hepburn of Transport desconheceria the effective cancellation of the said grant. audrey hepburn Thus, it was found that this body understood the possibility of subrogation of the contract by the Union, which would definitely achieved only after examination of legality by TCU. It was emphasized that, with the referral of the case to this Court of Auditors, ascertain audrey hepburn that she had been cleared incurable irregularities audrey hepburn in the bidding audrey hepburn process, by the Court of the state, recognized by the state government, which would have the effect of ai nvalidação contract concession. Therefore, ressurtiu up the Un