Descontos voltam a ser liberados no Ceará

Da Redação


Decisão liminar da Desembargadora do Tribunal de Justiça do Ceará (TJCE), Maria Iracema do Vale Holanda, torna sem efeito o Termo de Ajustamento de Conduta (TAC) que limitava os descontos em 15% e volta a permitir a livre competição entre as farmácias do Estado, liberando-as a realizar as promoções que bem entenderem.

Assinada na última sexta (31), a decisão interlocutória suspende os efeitos de duas decisões judiciais anteriores.

A primeira, do juiz da 4ª Vara Cível, Onildo Antônio Pereira da Silva, que no dia 21 passado, determinou ao Decon, o restabelecimento do TAC, – celebrado entre o setor farmacêutico e o Ministério Público, em dezembro de 2004 -, e que mantinha a limitação dos descontos em 15%, em todos as drogarias.

A segunda é a do desembargador José Edmar de Arruda Coelho, da 1ª Câmara do TJCE. No dia 13 de março, Arruda Coelho também já havia mandado que a Drogaria São Paulo (DSP) limitasse os descontos em 15%, e que o Decon restituísse o TAC.

A decisão de Iracema do Vale acolheu mandado de segurança com pedido de liminar, interposto pela São Paulo no dia 24 passado. No mandado, a DSP requereu a suspensão das decisões judiciais citadas e a liberdade de praticar descontos entre 30% e 50%.

Hoje (ontem) mesmo, voltamos a conceder os descontos”, anunciou o advogado da Drogaria, Júlio Militão. A limitação dos descontos em 15% vinha sendo mantida desde o dia 21 de fevereiro último.

DOIS PESOS

Por que a Drogaria São Paulo não concede descontos entre 30% e 50% em todas as suas lojas, em São Paulo, como quer fazer aqui?, questiona o diretor do Sindicato do Comércio Varejista de Medicamentos do Ceará (Sincofarma), Yudi Takeda.

Lá (em São Paulo) a média dos descontos praticados pela DSP é de 15%. Em um ou outro remédio é que ela dá acima desse índice. A desembargadora precisa saber disso, criticou Takeda. Ainda não conheço a decisão da desembargadora, mas a princípio questiono o fato de um mandado de segurança se sobrepor a uma sentença judicial, declarou o advogado numa referência à decisão anterior de Onildo Pereira.

Para Militão, a explicação para esse acolhimento foi dada pela própria Iracema do Vale, no corpo da decisão liminar. Esta relatora não desconhece o teor da Súmula 267 do STF, que estabelece que não cabe mandado de segurança contra ato judicial passível de recurso ou correição, escreveu Iracema do Vale no documento.

Em seguida, justifica que há muito os Tribunais da Federação e o próprio STF admitem abrandamento a este enunciado sumular, na hipótese de dano irreparável ou na eventual possibilidade de ilegalidade.

Fonte: Diário do Nordeste/CE

 



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