There were suspicions of inappropriate behavior prior to the teenager
Case and he was even expelled from two medical residences. The court upheld the convictions of both defendants, but changed the proportional division of responsibility for compensation: two-thirds for the municipality and one-third for CRM. In the collegiate's view, the city hall was closer to the facts and the conduct of the offending doctor. In a special appeal, the CRM claimed that it does not have the power to require a certificate of physical and mental health to practice medicine. Any action taken by the council depends on any report of violation of the Code of Medical Ethics, which did not occur in this case. "A professional council, among other interests, seeks the prevalence of registered professionals with ethical conduct, investigating deviations and monitoring those (including with assistance and guidance) who are already prone to possible behavioral excesses", pointed out minister Francisco Falcão, rapporteur of the process at the STJ.Furthermore, the CRM did not present a negative certificate or other document proving the absence of records of complaints or complaints against the doctor, nor even information about any supervisory activities. According to the rapporteur, to change the understanding of the ordinary courts, it would be necessary to re-examine the evidence, which is not possible in a special appeal, according to Precedent 7 of the court. The jud Special Phone Number Data ge also considered that the amount of compensation was proportional to the injury suffered. With information from the STJ press office .If the free and conscious will of the agents to harm the public treasury through the practice of conduct provided for in the Administrative Improbity Law is not proven, there is no need to talk about acts of administrative improbity. 123RF 123RF TJ-SP acquits seven defendants due to lack of evidence that they wanted.
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Harm the treasury This is the understanding of the 12th Chamber of Public Law of the Court of Justice of São Paulo in confirming the acquittal of two former mayors and five former municipal secretaries of Pindamonhangaba accused of acts of administrative improbity. The decision was unanimous. According to the Public Ministry, the City of Pindamonhangaba assumed the payment of annual fees for services provided by the São Paulo Lawyers Association (AASP) to municipal lawyers, from 2007 to 2015, without prior legislative authorization or bidding, totaling R $46 thousand. By denying the MP's appeal and maintaining the first degree sentence, the rapporteur, judge Souza Nery, highlighted that there was no evidence that the defendants had acted with intent, under the terms of the legislative change promoted by Law 14.230/2021 (new Law of Administrative dishonesty).
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