O Ministério Público de Minas Gerais (MPMG) expediu Recomendação ao município de Montes Claros, no Norte do estado, para que reformule lei que anistiou todas e quaisquer multas aplicadas ainda não pagas por pessoas físicas e jurídicas que violaram normas de prevenção e enfrentamento da Covid-19 durante a pandemia.
Segundo a Promotoria de Justiça de Defesa do Consumidor de Montes Claros, “a referida legislação, aprovada no recesso forense e publicada na véspera de Natal, previu que: ‘Ficam anistiadas todas as multas aplicadas, às pessoas físicas e jurídicas, em decorrência das medidas de prevenção e enfrentamento da Covid-19 […] no período compreendido entre 19 de março de 2020 e 3 de maio de 2022’”.
O Ministério Público considerou que a lei foi aprovada sem qualquer critério, violando-se o princípio da proporcionalidade, já que beneficiou todos os infratores, independentemente de serem pessoas físicas ou jurídicas, pequenas ou grandes empresas, do valor da multa, de serem primários ou reincidentes e ou de haverem praticado infrações leves ou graves.
A Recomendação lembra que, em Montes Claros, “mais de mil pessoas faleceram devido à pandemia, sendo que o comportamento de poucos fornecedores infratores, que preferiram colocar seus lucros à frente da saúde de seus consumidores, é gravíssimo, porque colaborou para a disseminação da doença no município e, certamente, para alguns daqueles óbitos”.
Perdoar a todos infratores, sem critério algum, equivaleria, segundo a recomendação, a desmerecer tantas vidas perdidas, a desmoralizar o esforço do Poder Público e de seus agentes em conter a pandemia, a incentivar descumprimentos futuros das normas de proteção da saúde dos consumidores e a também desprezar o sacrifício da maior parte dos empresários que se adequou às restrições sanitárias daquele período em respeito à saúde e à vida de seus clientes.
O promotor de Justiça Felipe Caires, autor da recomendação, afirmou que “a concessão do benefício, frisa-se, sem critério nenhum, a todos que desrespeitaram as normas sanitárias que pretendiam proteger a vida e a saúde dos consumidores aparenta violar flagrantemente o mandamento constitucional consagrado como cláusula pétrea no artigo 5º, inciso XXXII da Constituição Federal: o Estado promoverá, na forma da lei, a defesa do consumidor”.
Também foi questionada a renúncia expressiva de receita de quase R$ 4 milhões que o perdão irrestrito das multas representaria e seus reflexos na proteção do patrimônio público municipal.
No documento, o MPMG recomenda a suspensão imediata da aplicação da lei até que esclarecimentos sejam prestados, inclusive com a apresentação da relação nominal de pessoas e empresas beneficiárias da anistia, assim como dos valores e motivos das respectivas multas, tudo para se apurar se seriam realmente pessoas ou empresas sem condições de pagar os débitos, como se justificou inicialmente ao aprovar-se a lei.
Orienta ainda ao município de Montes Claros que reformule sua legislação de modo a, caso entenda necessário facilitar o pagamento das multas, fazê-lo apenas em relação a infratores não reincidentes, permitindo-lhes parcelar o débito e excluindo-se os juros das cobranças, em condições mais ou menos favoráveis “conforme a gravidade do fato/reiteração da conduta/condição econômica do infrator”.
Para acessar a íntegra da Recomendação, clique aqui.
Viva Felipe Caires!
Anistiar infratotores da pandemia é coisa de fascista, negacionista.
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