Em decisão recente, o ministro Gilmar Mendes, do Supremo Tribunal Federal (STF), concedeu ao município de Buíque (PE) o direito de ser retirado do Cadastro Único de Exigências para Transferências Voluntárias (CAUC), em razão de dívidas do Fundo de Garantia do Tempo de Serviço (FGTS) de responsabilidade da Câmara Municipal. A decisão teve como base o princípio da intranscendência das sanções, que impede que o Executivo seja penalizado por débitos de outros poderes autônomos do município.
O processo foi motivado pela inclusão de Buíque no cadastro de inadimplentes devido a obrigações financeiras da Câmara Municipal, que não possui personalidade jurídica própria para responder judicialmente por esses débitos. A Procuradoria-Geral da República emitiu parecer favorável à exclusão, ressaltando a autonomia administrativa e financeira dos poderes legislativos locais, conforme já estabelecido em precedentes do STF.
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