Nelsinho, Bernal e Olarte têm direitos políticos suspensos por improbidade

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O não cumprimento de um TAC (Temo de Ajustamento de Conduta) levou os ex-prefeitos de Campo Grande Alcides Bernal (PP), Nelsinho Trad (PTB) e Gilmar Olarte (sem-partido) a perderem as funções públicas e os direitos políticos por três anos.

A sentença do juiz David de Oliveira Gomes Filho, da 2ª Vara de Direitos Difusos de Campo Grande, foi publicada nesta quarta-feira (14), como resultado de uma ação por improbidade administrativa impetrada pelo MP-MS em 2016.

A decisão deve afetar os interesses eleitorais de Nelsinho, que cogitava receber apoio do governo para uma vaga no Senado Federal, e de Bernal, que já vinha se afirmando como pré-candidato a deputado federal.

Além da ilenegibilidade, Oliveira Filho impetrou multa de R$ 20 mil a cada um dos três pelo não cumprimento do TAC, compromisso assinado em 2010 pela Prefeitura com o MP-MS, para adotar uma série de medidas a fim de impedir que o aterro de entulhos da construção civil do Jardim Noroeste se tornasse um lixão.

Dentre as obrigações, o município deveria “isolar, interditar, remover edificações, vigiar, e proteger área de aterro de entulhos”, uma vez que a área vinha sendo utilizada por famílias carentes, “inclusive crianças, como local de trabalho e de moradia”. O município também deveria evitar o despejo de lixo comum no local.

Na sentença, o juiz alegou que houve “má-fé processual” e “improbidade administrativa” por parte dos ex-gestores em tentarem protelar o cumprimento do TAC, por meio de recursos judiciais. O caso chegou até o STJ (Superior Tribunal de Justiça), que manteve as decisões em primeira instância.

O juiz registra várias das tentativas dos ex-prefeitos de evitar o cumrpimento do compromisso, como os questionamentos de Nelsinho sobre qual seria o “interesse público” no TAC, e de Bernal de que teria cumprido o termo, apesar de incompleto.

“As pessoas jurídicas de direito público são exemplo seguido pelos cidadãos e, portanto, deveriam passar o bom exemplo de cumpridoras da lei. Não se pode admitir como normal que o próprio Estado seja fora da lei”, escreveu o juiz na sentença.

“Por todos estes motivos, julgo procedente o pedido e reconheço a existência de improbidade administrativa”, completou.

Outro lado

Procurado pela reportagem, o ex-prefeito Alcides Bernal afirmou que ainda não recebeu comunicado oficial da sentença. “O problema desse aterro é muito antigo. Tudo que era possível ser feito, inclusive licitar pra poder retirar as pessoas daquele aterro lá do Noroeste foi feito”.

“Eu fiz a minha parte, e apesar de reconhecer a validade da decisão, vou usar o meu direito de recorrer e mostrar os motivos pelo qual essa sentença precisa ser revista”, afirmou. Ele afirma estar tranquilo de que seu recurso será aceito, e que poderá disputar as eleições neste ano.

O ex-prefeito Nelsinho Trad foi procurado e informou, via assessoria, que não iria se manifestar no momento. Já o ex-prefeito Gilmar Olarte não atendeu as ligações.

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