DOM PEDRO | Judiciário atende pedido de professores e determina acesso às informações sobre aplicação do FUNDEB

O Poder Judiciário em Dom Pedro determinou que o Município de Dom Pedro forneça dados relativos à folha de pagamento detalhada de todos os servidores públicos municipais da Educação, ao Sindicato dos Trabalhadores no Serviço Público Municipal de Dom Pedro, Joselândia, Santo Antônio dos Lopes e Senador Alexandre Costa – SINSERPDOM. A entidade sindical ajuizou Mandado de Segurança contra negativa do prefeito muncipal, de dar visibilidade sobre a aplicação de recursos dos Fundo de Manutenção e Desenvolvimento da Educação Básica e de Valorização dos Profissionais da Educação – FUNDEB.

A sentença prevê também, multa diária de mil reais para a pessoa do prefeito municipal, limitando sua incidência a 30 dias, caso haja negativa no fornecimento dos dados solicitados pelo sindicato.

O SINSERPDOM alegou que solicitou cópias das folhas de pagamento dos servidores municipais do mês de janeiro/2018 a fim de acompanhar a aplicação de recursos dos FUNDEB, no entanto, o requerido negou o acesso.

Notificado, o prefeito de Dom Pedro não se manifestou sobre as alegações e pedidos, deixando de prestar informações sobre o acesso aos documentos solicitados. O Ministério Público apresentou manifestação favorável pelo acesso das informações apenas referentes aos servidores filiados ao sindicato.

Na análise do caso, o magistrado frisou que o mandado de segurança é remédio constitucional apto a tutelar direito líquido e certo, não amparado por “habeas corpus” ou “habeas data”, sempre que, ilegalmente ou com abuso de poder, qualquer pessoa física ou jurídica sofrer violação ou houver justo receio de sofrê-la por parte de autoridade, conforme artigo 1º da Lei nº 12.016/2009. “A certeza e liquidez do direito devem ser comprovadas através de documentos acostados quando da impetração do writ ou, estando os documentos fora do alcance do impetrante, solicitados mediante requisição judicial. Com a ausência das informações da autoridade coatora, não se sabe o motivo da negativa de informações”, ressalta.

Para o Judiciário, a negativa de informação e manifestação, vão de encontro à própria Constituição Federal, que assim prescreve em seu art. 5º, “todos têm direito a receber dos órgãos públicos informações de seu interesse particular, ou de interesse coletivo ou geral, que serão prestadas no prazo da lei, sob pena de responsabilidade, ressalvadas aquelas cujo sigilo seja imprescindível à segurança da sociedade e do Estado”, cita.

ACESSO À INFORMAÇÃO – Na sentença, o julgador descreve também sobre a Lei nº 12.527/2011, conhecida como Lei de Acesso à Informação, que tem por finalidade a regulamentação do disposto na Constituição Federal. “É dever dos órgãos e entidades públicas promover, independentemente de requerimentos, a divulgação em local de fácil acesso, no âmbito de suas competências, de informações de interesse coletivo ou geral por eles produzidas ou custodiadas”, finaliza.

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