Habeas Corpus Nº 88.370/rs

Denúncia recebida contra prefeito, por suposta dispensa irregular de licitação. Art. 89, caput da lei 8.666/93. Independência das instâncias administrativa e penal. Precedentes do STJ. Situação peculiar do caso em exame: aprovação das contas do município pelo TCE/RS, com análise específica da operação realizada de compra de combustíveis, afastando eventual irregularidade no procedimento. Ordem concedida para trancamento da ação penal

Rel. Min. Napoleão Nunes Maia Filho

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Jurisprudência STF/STJ

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