Justice divulged the secrecy of the trial against Urusanga Mayor Luis Gustavo Cancelera of the PP. A request from City Council President Elson Ramos of the MDB was answered by Federal Judge Nivaldo Brunoni of TRF4. This releases the process for publication.

Canselier is accused of a criminal organization, concealment of documents and distortion of facts. Canselier returned this Wednesday to his mandate at Oroussang after more than a year’s absence. The decision of the Supreme Court of Justice was made public on Tuesday.

See the full text of the complaint here

Mayor Luis Gustavo Cansille returned this Wednesday to the team of Urussanga City Hall – Photo: Disclosure/ND

The federal public ministry filed a complaint against the mayor, his brother Silvio Luis Cancille, Minister of Infrastructure at the time of the events, Emerson Jeremias, against the accountant Kamar Furlan, then chief of staff of the mayor Alessandra Maccari Rodriguez. , as well as entrepreneurs Arthur Bianchi Hertel, Thiago Felipe, Thiago Rosso, Marcio Correa Nunez, Carlos Alberto Golombeschi and Akilson Mota Barbosa.

The TRF4 judges received the complaint on May 19 this year, and the defendants are now defendants in the process.

Read the summary of the complaint according to the prosecutor’s office:

First charge: Criminal organization

By common efforts and unity of purpose, they personally established and integrated a criminal organization, uniting in an orderly manner and with a division of tasks in order to obtain, directly or indirectly, benefits, including financial ones, through the practice of crimes for which the mayor is responsible, crimes against public administration and public faith.

Defendants in the case: 1 – LUIS GUSTAVO CANCELLE (mayor); 2 – SILVIO LUIS CANSELIER (brother of the mayor); 3 – EMERSON JEREMIAS (Minister of Infrastructure); 4 – CHIMARA FURLAN REDIVO (chief accountant); 5 – ALEXANDRA MACCARI RODRIGUEZ (Head of the Mayor’s Office); 6 – ARTHUR BIANCHINI HERTEL (South Coast Company); 7 – THIAGO FELLIPE (company F. Aguiar); 8 – THIAGO ROSSO (Via Norte Partner Company); 9 – MARCIO CORREA NUNES (Company Correa Nunez); 10 – CARLOS ALBERTO GOLOMBIESCKI (MW Service Provider Partner); 11 – AKILSON MOTA BARBOSA (representative of MW service provider).

Second charge: Seizure of documents

By uniting their efforts and unity of purpose, they deliberately concealed the documents and information they held in connection with the provision regarding the control of the costs of works carried out with funds financed by the Caixa Econômica Federal, coming from FINISA, Julio. Cesar Bonetti, city council and then deputy mayor, to keep the crimes committed by the criminal organization they were a part of.

Defendants in the case: 1 – LUIS GUSTAVO CANCELLE (mayor); 2 – SILVIO LUIS CANSELIER (brother of the mayor); 3 – EMERSON JEREMIAS (Minister of Infrastructure); 4 – CHIMARA FURLAN REDIVO (chief accountant); 5 – ALEXANDRA MACCARI RODRIGUEZ (Head of the Mayor’s Office).

Third charge: misrepresentation

By common effort and unity of purpose, they deliberately provided false statements in public documents at every filing of accounts by Caixa Econômica Federal in order to create an obligation and change the truth about a legally significant fact, namely quantities and values. of services provided that did not correspond to those actually performed, justifying the overpayment to companies hired by the city hall for two main works, Rua Sílvio Ferraro and side access and UR21.

Defendants in the case: 1 – LUIS GUSTAVO CANCELLE (mayor); 2 – SILVIO LUIS CANSELIER (brother of the mayor); 3 – EMERSON JEREMIAS (Minister of Infrastructure); 4 – CHIMARA FURLAN REDIVO (chief accountant); 5 – ALEXANDRA MACCARI RODRIGUEZ (Head of the Mayor’s Office); 6 – ARTHUR BIANCHINI HERTEL (South Coast Company); 7 – THIAGO FELLIPE (company F. Aguiar); 8 – THIAGO ROSSO (Via Norte Partner Company); 9 – MARCIO CORREA NUNES (Company Correa Nunez); 10 – CARLOS ALBERTO GOLOMBIESCKI (MW Service Provider Partner); 11 – AKILSON MOTA BARBOSA (representative of MW service provider).

Fourth charge: Misappropriation of federal public funds

Rua Silvio Ferraro

By their common efforts and for the same purpose, they have deliberately diverted for their own benefit or the benefit of others the sum of BRL 308,152.45 (three hundred eight thousand one hundred and fifty-two reais forty-five cents) relating to the Asphalt Works carried out at Rua Sílvio Ferraro and lateral access funded by federal funds, an amount corresponding to a 161% over-invoicing, according to expert reports attached to the records and lists of payment orders.

According to the basic engineering project prepared by Litoral Sul in April 2019, the cost of asphalt pavement of 698.08 m of Rua Sílvio Ferraro street will be BRL 591,801.15 (five hundred ninety-one thousand eight hundred one real), the document is attached to file no. 5009892-58.2021.4.04.0000/TRF4, event 21, DESP54, pages 1/22.

However, according to the “Report on the Presentation of Data” signed by the accused Artur Bianchini Hertel, the work at the end cost R$1,059,502.2 (one million ninety-nine thousand five hundred and two R$), the document attached to the records no. 5009892-58.2021.4.04.0000/TRF4, Event 21, DESP54, Pages 1/29. It should be noted that the defendant Arthur Bianchini Hertel was the author of the main and executive projects, being responsible for the technical examination of the execution of the work and its cost, as well as taking technical responsibility for the verification of such work.

However, it follows from the expert opinions that payment was made for services not rendered or of poor quality, and false data was entered into the billing, which is a genuine paperwork in order to change the truth about a legally significant fact, that is, the inclusion of hours of services not provided as a way to justify overpayments contracted companies and the materialization of a diversion of public funds received from a federal source.

Private street of Arnaldo Masiero

In addition, by common efforts and unity of purpose, they deliberately redirected BRL 25,040.51, federal public funds, to the benefit of a private individual, Arnaldo Maciero, by identifying and allowing the construction of paved access to private property and the construction of landfills at the top. access to rural property, where the headquarters of Urussanga Frutas is located, to the detriment of the state treasury and without a technical project.

UR-21 Street (Rio America Baixu)

Finally, by their joint efforts and common purpose, they deliberately embezzled, for their own benefit or for the benefit of others, the sum of BRL 355,390.46 (three hundred and fifty-five thousand three hundred and ninety reales and forty-six cents), in relation to the asphalt paving work carried out on Rua UR21 – Estrada Geral Rio America Baixo paid for with federal funds, which equates to a 1076% overbilling, according to case reports.

The Estrada Geral Rio America Baixo – UR21 excavation and asphalting data submission report, a document signed by defendant Artur Bianchini Hertel, lists a cost of R$ 660,234.70. (Expertise 940/2021). It turned out that the total amount of the payment was 388,416.30 reais. However, according to the forensic examination, the amount needed to complete the work was 33,025.84 reais, which resulted in an overcharge of 355,390.46 reais in the invoice.

Police investigations into the two above-mentioned works carried out in the municipality of Urussanga/UK with FINISA funds continued to inflate the number of hours/cars required to provide services. determined, which resulted in the payment by the municipality of amounts in excess of what was actually needed.

It should be noted that the control of the clock was carried out by city hall interns, and the spreadsheets were handed over to the accused Silvio Luis Canceller, who was responsible for collecting and concentrating data and transmitting them to the accused Cimare Furlan Redivo, municipal servant; responsible for the control and reporting of the FINISA contract.

At the home of defendants Silvio Luis Cancellera, Emerson Jeremias and Chimara Furlan Reyvo, several documents related to the work under investigation were found during searches and seizures, including checklists and manuscripts to control the services, the report said. public ministry.

They are responsible for the crimes: 1 – LUIS GUSTAVO CANCELLE (mayor); 2 – SILVIO LUIS CANSELIER (brother of the mayor); 3 – EMERSON JEREMIAS (Minister of Infrastructure); 4 – CHIMARA FURLAN REDIVO (chief accountant); 5 – ALEXANDRA MACCARI RODRIGUEZ (Head of the Mayor’s Office); 6 – ARTHUR BIANCHINI HERTEL (South Coast Company); 7 – THIAGO FELLIPE (company F. Aguiar); 8 – THIAGO ROSSO (Via Norte Partner Company); 9 – MARCIO CORREA NUNES (Company Correa Nunez); 10 – CARLOS ALBERTO GOLOMBIESCKI (MW Service Provider Partner); 11 – AKILSON MOTA BARBOSA (representative of MW service provider).

Damage Repair:

At the same time, the Federal Prosecutor’s Office requires that a minimum amount of R$ 663,542.91 be set as compensation for damages with interest on late payment due to damages (STJ, case 54) in proportion to the applicable rate. payment of taxes in favor of the National Treasury in accordance with Art. 398 from art. 406 of the Civil Code of the Russian Federation.