Convias may once again charge tolls on the RS 122 highway
Feb 12, 2024 7:23:11 GMT
Post by xyz3000 on Feb 12, 2024 7:23:11 GMT
Convias may once again charge tolls on the RS 122 highway, on the stretch between the cities of Farroupilha and Caxias do Sul (RS). The decision was made by judge Carolina Granzotto, who revoked a previous order that prevented charging in both directions of traffic on the highway. The judge granted Convias’ request. She understood that the concessionaire demonstrated that there was a legal basis for the charge after signing an Addendum to the contract on January 10th.However, jurisprudence often views it with some concern, so that many requests are denied because judges understand that offering a deposit does not have the power to suspend the enforceability of the tax credit, as it is not covered by the hypotheses of the aforementioned article 151 , from CTN.
However, as we have already clarified, the objective of the precautionary security action is not to suspend the enforceability of the tax credit, but to guarantee such credit, until executive action is proposed. In fact, this procedure seeks to make the deposit equivalent to the attachment made in the execution process, thus guaranteeing the effectiveness of free initiative and the free exercise Estonia Email List of professional activity.Regarding the alleged transparency in the conduct of business, the expert report states that it was impossible for the media entrepreneur to have knowledge, from the balance sheets, of the amount of amounts raised by the general administrator (through transfers to himself and to the companies in which he is a partner), since the accounts were presented in groups, making it impossible to identify the amounts individually.
Regarding compensation for moral damages, the judges denied the request because they understood that the closure of activities in the coffee roasting sector did not occur due to deviations made by the general administrator. A document dated June 8, 1998 informs that Roberto Irineu Marinho already had this intention, revealing that there was incompatibility between his other business activities and those carried out in the area of coffee exports. For all these reasons, the judges recognized the existence of material damage due to the financial loss suffered by the company, but did not find evidence of actual damage to credibility before third parties that would justify the payment of moral damage.
However, as we have already clarified, the objective of the precautionary security action is not to suspend the enforceability of the tax credit, but to guarantee such credit, until executive action is proposed. In fact, this procedure seeks to make the deposit equivalent to the attachment made in the execution process, thus guaranteeing the effectiveness of free initiative and the free exercise Estonia Email List of professional activity.Regarding the alleged transparency in the conduct of business, the expert report states that it was impossible for the media entrepreneur to have knowledge, from the balance sheets, of the amount of amounts raised by the general administrator (through transfers to himself and to the companies in which he is a partner), since the accounts were presented in groups, making it impossible to identify the amounts individually.
Regarding compensation for moral damages, the judges denied the request because they understood that the closure of activities in the coffee roasting sector did not occur due to deviations made by the general administrator. A document dated June 8, 1998 informs that Roberto Irineu Marinho already had this intention, revealing that there was incompatibility between his other business activities and those carried out in the area of coffee exports. For all these reasons, the judges recognized the existence of material damage due to the financial loss suffered by the company, but did not find evidence of actual damage to credibility before third parties that would justify the payment of moral damage.