Magistrates working in criminal courts in Rio de Janeiro and Espírito Santo are authorized to transfer funds from sentences and court settlements to combat the Covid-19 pandemic. The permission was established in Resolution No. 34, signed on Wednesday (22/7) by the president and vice-president of the Federal Regional Court - 2nd Region (TRF2) and the regional corregidor, federal judges Reis Friede, Messod Azulay and Luiz Paulo Silva Araújo Filho.
The earmarking of funds from the payment of fines, criminal settlements and the conditional suspension of proceedings in criminal cases to combat the pandemic is provided for in Resolution 313/2020 of the National Council of Justice (CNJ).
TRF2 Resolution No. 34/2020 replaces the Court's previous administrative rule on the subject (Resolution No. 14, of April 1, 2020) and complies with the criteria defined by the CNJ in the judgment of a question of order presented in Request for Provisions No. 0003011-66.2020.2.00.0000.
According to the TRF2 rule, the money can be used exclusively by public health agencies in the municipal, state and federal networks to buy products and equipment needed to combat Covid-19, such as respirators, protective masks, disposable aprons and gloves, safety glasses and contagion testing kits. The amount cannot be used to pay salaries or living expenses, such as rent, bills and taxes.
The request for funds must be made by e-mail directly to the federal courts, by the interested parties, who must send the technical description of the equipment and products to be purchased, as well as information on the expenses they intend to make, such as quantities, delivery and expiry dates and unit and total prices, with at least three quotes.
The procedures will be available for public consultation on the e-Proc procedural system, where they will be filed under the heading "Administrative Process/Destination of Values", and will be reported to the Public Prosecutor's Office and the competent Court of Auditors. In addition, the beneficiary organization will have a maximum period of 180 days (90 days, extendable for the same period) to account for the use of the funds.
TRF2 Resolution 34/2020
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