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Unequivocal free and conscious will to commit the illicit acts typified in articles 9, 10 and 11 of the law, The agent's voluntariness is not enough, under penalty of the conduct remaining atypical", he said. According to Nery, despite being "reprehensible conduct", the MP did not discharge the burden of proving the intent of the accused: "As can be seen from the text of the law, the voluntary practice of an illegal act is not enough, it is necessary to prove the will free and conscious of one of the illicit conducts provided for in articles 9, 10 and 11 of the LIA, in this case article 10, items IX and XI of Law 8,429/92." Therefore, the judge continued, it was up to the Public Prosecutor's Office to demonstrate that the defendants acted with the intention of harming the public treasury, through the conduct of allowing.
Ordering expenditure not authorized by law or releasing public funds without observing the relevant rules, which did not occur in the present case. "In this scenario, it would be possible to consider negligent conduct by the co-defendants, who failed to adopt the necessary measures to determine the best way to contract the servi Special Phone Number Data ces provided by the association. However, negligence, imprudence and malpractice are types of guilt and the guilty figure is no longer accepted of administrative improbity."The judge of the 13th Federal Court of Curitiba, Eduardo Appio, determined that lawyer Rodrigo Tacla Duran be considered a protected witness. reproduction Lawyer Tacla Duran was placed in a witness protection program Reproduction Tacla Duran requested his inclusion in the witness protection program. He was summoned to testify in court this Monday (27/3) .
Appio then granted the lawyer's request as a matter of urgency, and ordered that a letter be sent to the executing body of the Ministry of Justice so that the competent body can definitively deliberate on the matter. Duran will be under police protection as soon as he arrives in Brazil, as determined by the judge. "In view of the above, I partially grant what was requested by Rodrigo Tacla Duran determining the issuance of an urgent judicial letter to the executing body of the federal witness protection program, under the terms of Law 9,907/99, requesting its inclusion in the program (the be decided by the body competent by law), as well as that the local police authority guarantees the necessary security upon eventual arrival in Brazil, in accordance with the second paragraph of article 4 of the aforementioned federal law", wrote the judge.
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