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MIL OSI-C. Region: Latin/Latin America

Source: the Republic-of-Brazil-2

A NOTE OF CLARIFICATION

Posted : 06/09/2019 – up-to-Date at : 15:57:03 pm

The office of the solicitor General (AGU) it is understood that the Union has been the one that has been determined by the Justice, in a decision involving a return to the Instituto Aerus.During the trial, the liens of the declaration, Appeal no. 0010295-77.2004.4.01.3400, mr. Daniel Paes Ribeiro has made it clear that the payment to the authority would “amount to an individual, and within the strict limits of the contributions that should be made, and it had not done so for such companies, much of the plot of the sponsor and on the part of the participants. Since then, the european Union has been carrying out transfers to the AERUS to comply with the obligation to be determined, even in the art. 100 of the Constitution requires the payment by means of a special judicial orders.The amount of the contributions that should be made, and they were not the airlines (the parts of the sponsor and of the participants) was based on the original amount of R$ 1.3 billion, an amount that is never asked by AERUS, or by the National association of Aeronautas, or by an Association of Retirees and Pensioners of the american airlines.Considering the upgrade in that amount, and the reduction of the amount already paid to the Institute for AERUS by the Union, and the balance remaining is the exact amount of R$ 22.2 million given by the european Union. Any payment beyond this amount could be to set up illicit enrichment of a third party and may subject the individual to liability for damages to the state treasury. It should be noted that, by the year 2018, the liquidator of the Instituto AERUS has already warned of the possibility of the exhaustion of the amounts relating to the mathematical reserve, which, therefore, deserve the attention of the attorney General of the UniãoDeve is important to note that, in view of the procedural good faith, on the QUALITIES peticionou informing about this to the judge by Daniel Paes Ribeiro. But the issue has not yet been assessed by the court, the institution that has acted with the zeal required, and recommended not to make payments in the future in addition to that, it has been determined by the court.In the end, the AGU says to wait for it to be carried out of the trial quickly, which in the case of need, and that the Federal Regional Court of the 1st Region, the analysis of the case in a way that is consistent with the case-law of the country in similar cases tried previously, have already demonstrated that the Union is not liable for any supplementary pensions.

EDITOR’S NOTE: This article is a translation. Apologies should of the grammar and/or sentence structure not to be perfect.

MIL Translation OSI