Flamengo Stadium: Court docket denies Caixa’s request for injunction to cancel land public sale

Caixa Econômica Federal went to courtroom to attempt to cancel the disposal of the town of Rio de Janeiro of the Gasometer land, which was deliberate by the Flamengo to construct your stadium. In the identical motion, the financial institution requested an injunction to stop the public sale scheduled for this Wednesday, however the request was rejected this Monday by choose Carlos Ferreira de Aguiar, from twenty fourth Federal Court docket of Rio de Janeiro.

In its motion, Caixa stated that there was “a misuse of cause within the act of disinfection, in addition to a defect in motivation”. See the excerpt under:

“The target of the CLUBE DE REGATAS DO FLAMEENGO, within the negotiation established with the FII PM (Porto Maravilha Actual Property Funding Fund), to accumulate, in a contract of buy and sale, with the fee of the value to be -arrangement between the events, the helpful land of the constructing, for the development of a soccer stadium, which reveals the whole identification between the actual function of the obligatory act and the non-public curiosity of the soccer membership; there was a misuse of intent within the act of conviction, in addition to a scarcity of motivation; there was additionally a violation of impersonality, for the reason that enforcement motion not solely advantages the CLUBE DE REGATAS DO FLAMEENGO, however it additionally leaves that membership to the detriment of all different bidders; and there’s no indication of the need and necessity of issuing by means of a public public sale, or the executive causes that point out the suitability of the strategy for the needs of city renewal and/or administration land”.

In his choice, the choose argued that the motion didn’t have an “ample foundation”, as it’s not a pure and easy switch of belongings outsourced to non-public fairness. subject by public public sale, because it permits for “broad competitors”:

– It can’t be clearly said that there’s a misuse of cause, as a result of though the doable non-public curiosity within the building of buildings sooner or later is eradicated by CLUBE DE REGATAS DO. FLAMEENGO, there shall be no pure and easy conversion of belongings used to non-public fairness. That’s, the sale to that non-public entity should be achieved inside authorized requirements and thru a public public sale, permitting intensive competitors. In consequence, the petition has no ample foundation, as a result of the switch of the property topic to the case to a non-public entity, after going by means of the executive route, should adjust to the authorized necessities, by means of ​​​​​​​his personal process and he’s not. An actual and easy switch of belongings that have been issued to non-public belongings – stated the choose, additionally suggesting that Caixa’s motion must be in regards to the worth of the compensation:

– It is very important level out that the required authorized provision doesn’t appear to be helpful to the petitioners, as a result of in actions of disinheritance the compensation should be truthful and prior (CF, Artwork. 182, § 3), in order that any curiosity that petitioners have in defending the person funds should be the topic of a particular motion geared toward contemplating the compensation quantities.

Nevertheless, the choose, regardless of rejecting the brink requested by Caixa to stop the public sale, ordered to inform the Metropolis Corridor of Rio de Janeiro and the Federal Public Ministry to reply inside 10 days. Solely then will he choose the case.

This previous Monday, the Flamengo they are going to vote of their deliberation council on permission to take part within the public sale subsequent Wednesday. It was established within the Official Gazette of Rio de Janeiro that the bottom bid to accumulate the land is R $ 138,195,000.00.

See: about Flamengo on ge, on Globo and on sportv