Justice condemns CNC president for undue advantage in rent and removes him from office

The Justice of Amazonas determined the removal of José Roberto Tadros from the presidency of the CNC (National Confederation of Trade in Goods, Services and Tourism). He was convicted of administrative improbity, with an obligation to reimburse R$ 7.3 million to the treasury, together with two other defendants in a lawsuit brought by the State Public Ministry.

The decision is by the judge of the first instance Leoney Harraquian, of the 2nd Court of the Public Treasury, signed on the 27th. An appeal is possible against the sentence.

In a statement, the CNC stated that Tadros received the news of the conviction with “surprise and indignation” and that the decision has no effect, as the loss of public function could only occur when there is no longer any possibility of appeal, according to the note.

Sesc had no losses, according to “favorable opinions” in the course of investigation by the TCU (Union Court of Auditors), said the CNC. “The court decision ignores these two opinions.”

Tadros will appeal the sentence. “The measures of removal from positions do not apply, since the functions of president and general secretary of the CNC are not public, but of a management nature of private entities such as Sesc. The entities are of a private and business union character” , says the note.

According to the lawsuit, Tadros acted simultaneously as lessor and lessee in a lease agreement in Manaus. This resulted in “undue advantages” for the entrepreneur, both in the receipt of rents, in the amount of R$ 536.3 thousand, and in the renovation of the property, which cost R$ 679 thousand. The rent was paid even when the property remained closed, according to the MP’s accusation.

In 2015, Sesc (Social Service of Commerce) of Amazonas signed a lease agreement with the company Tropical Comércio de Derivados de Petróleo, for the development of educational activities in the company’s property.

The term of the contract was 24 months, and the monthly rent was R$ 18 thousand.

Prosecutors stated in the public civil suit that Tadros was a majority partner in the company at the time the contract was signed. The other partners were his mother and his wife. At the same time, Tadros was president of Sesc do Amazonas.

“The intent and damage to the constitutional principles of legality, morality and efficiency that guide public administration has remained proven,” said the judge in the decision. “The choice of the property leased by Sesc proved to be fraudulent, with the aim of meeting the president’s particular interest at the time.”

The conviction extends to the company Tropical and a director of Sesc, who signed the contract.

“The leased building owned by the defendant was in a poor state of repair and, by virtue of a contractual clause, Sesc was unable to have any type of reduction in the value of the rent or be compensated for the improvements carried out”, quotes the sentence.

There was no publicity for the choice of property, “which demonstrates a serious restriction on the possibility of choosing the best property that meets the public interest”. There was an overlap of the particular interest, according to the judge.

Tadros was sentenced to full compensation for the damage, loss of assets or values ​​illicitly added to the patrimony, loss of public office as president of the CNC, suspension of political rights for ten years, payment of a fine and prohibition of contracting with the government.