Former Miguelópolis mayor sentenced for misconduct in fraudulent tenders
Juliano Jorge Mendonça was sentenced to suspension of political rights for 8 years and a fine of R$ 173.6 thousand. It is the fourth conviction of the former administrator, who has already accumulated criminal sentences totalling up to 19 years.
Fourth conviction: former mayor faces charges over tenders rigged "backwards"
The courts sentenced former Miguelópolis (SP) mayor Juliano Jorge Mendonça, eight other individuals and one company on Tuesday (13) for administrative misconduct in two public tenders, as reported by g1.globo.com. According to the ruling, the tender processes were created to give the appearance of legality to contracting arrangements already previously determined.
Juliano Mendonça received suspension of political rights for eight years and must pay a fine of R$ 173.6 thousand, a sum still subject to adjustment. The decision may be appealed.
The ruling comes from judge Diego Goulart de Faria of the Regional Support Court for Judgement of the São Paulo Court of Justice (TJ-SP). He annulled the two tenders and the respective contracts with company Sampaio & Tosta, which totalled R$ 86.8 thousand. The contracts refer to the provision of access controller services for events in 2013 and reception services in two municipal schools in 2014.
Documents produced months after payment
In the 2013 tender, valued at R$ 19.2 thousand, full payment to the company was made on 20 February of that year. The tender process documents, however, were only produced in May, with dates backdated to January. The judge cited intercepted messages from the Gaeco of Franca showing the municipal council's lawyer instructing a civil servant to fill in the papers with earlier dates.
In the 2014 tender, worth R$ 67.6 thousand, an audit by the State Court of Accounts (TCE) identified grave irregularities: the authorisation for opening the process mentioned the purchase of printers, not reception services; the minutes record a judging session on 11 April, but the three companies' proposals are dated 25 April; and the contract summary was only published in July, after payments had begun.
Members of the tender commission admitted to the Public Ministry (MP) that the sessions described in the minutes never took place. One of them told the MP that the processes were being conducted "backwards".
Defence denies fraudulent intent
Lawyer Mônica de Queiroz Alexandre, who represents Juliano, stated she would appeal the decision. According to her, there was no fraudulent intent nor proven damage to public coffers, and the former mayor was acquitted in 13 other proceedings. G1.globo.com reports having attempted to contact the defence of company Sampaio & Tosta, without response by the time of publication.
In testimony to the court, Juliano stated that he only authorised and approved procedures conducted by the commission and by legal counsel, denying that he ordered fraud or steering of contracts. For the judge, such statements do not remove his responsibility as head of the executive branch and administrator of municipal expenses.
One civil servant was acquitted. Sanctions, such as suspension of political rights, only take effect after exhaustion of appeals.
Request for full reimbursement denied
The MP and the municipality itself requested the return of the entire amount paid, calculated at R$ 292.6 thousand in updated values. The judge denied the request on the grounds that the services were effectively provided and there was no evidence of overpricing — returning the full amount would constitute unjust enrichment of the municipal administration. The claim for compensation for collective moral damage was also rejected. The ruling also did not determine loss of public office for civil servants on the commission, a measure deemed disproportionate by the judge more than a decade after the facts.
Background: four convictions and operation with 51 charges
With this week's decision, Juliano has accumulated at least four convictions. The three previous ones are of a criminal nature:
- 19 years and 10 months imprisonment and a fine of R$ 367.3 thousand for embezzlement of public funds, active corruption and usurpation of public office, with prohibition from holding public office for five years and loss of his position as teacher at the Etec of Miguelópolis;
- 18 years and 8 months imprisonment, in closed regime, and 194 days of fines for active corruption and embezzlement of public resources, in March 2018, in proceedings related to the use of municipal funds to fuel councillors' vehicles at a petrol station in the city;
- 8 years imprisonment, in closed regime, for passive corruption, in September 2023, after Gaeco concluded he unlawfully received cash payments from a businessman.
Juliano was arrested for the first time on 19 April 2016, while still serving as mayor, during the first phase of Operation Blank Letters, launched by the Gaeco of Franca. Twelve other individuals were detained on the same day. He is currently serving his sentence in semi-open regime.
According to the MP, the group defrauded at least 40 municipal contracts between 2013 and 2015, in the areas of school transport, office materials and consultancy, in contracts totalling approximately R$ 6 million. The operation resulted in 51 charges and over 100 individuals prosecuted criminally. Within the scope of this same misconduct conviction, Natanael, Maurício, Alexandre, Emídio and Reinaldo also face criminal charges for tender fraud.
Source: Google News BR — São Paulo