Organ says decision caused “serious damage to public order” and influences election; report is by Rosa Weber
The Attorney General of Alagoas asked the STF (Supreme Federal Court) to suspend the decision that determined the removal of Paulo Dantas (MDB) from the position of governor of the state.
On October 11, Justice Laurita Vaz, of the STJ (Superior Court of Justice) ordered Dantas’ removal, a decision that was upheld on Thursday (Oct 13) by the Court’s Special Court. The politician from Alagoas was the target of an operation by the PF (Federal Police). The request for removal came from the corporation and had the approval of the MPF (Federal Public Ministry).
The investigation, which runs under secrecy, investigates crimes of criminal organization, embezzlement and money laundering.
The request by the Alagoas Attorney’s Office was filed on October 13 at the Supreme Court. The rapporteur of the case is the President of the Court, Minister Rosa Weber. The process is being processed in secrecy at the STF. O Power 360 had access to the order. Here’s the intact (1.1 MB).
The prosecutor’s office is a subordinate body to the governor and has the competence to represent the Executive Power in judicial proceedings.
The action is signed by the attorney general of Alagoas, Samya Suruagy do Amaral. In the document, she stated that Dantas’ departure caused “serious injury to the legal-constitutional and administrative order”. He also said that the measure, adopted during the electoral period, represents “undue interference with popular sovereignty, since it means anticipation of guilt and opens space for early judgment of public opinion, influencing the course of the electoral race”.
Dantas will contest the 2nd round of the elections for governor of the state with Rodrigo Cunha (União Brasil), an ally of the mayor Arthur Lira (PP-AL). The removed governor received 46.64% of the valid votes in the 1st round. Cunha, 26.79%.
According to the Alagoas Attorney’s Office, the removal results in “disarticulation of regular administrative actions”.
“It should be noted that the change in command of the management of Alagoas now under analysis, resulting from the judicial decision whose effects are sought to be prevented, would mean the third governmental replacement, in a period of less than one year”, says action. “The situation, therefore, proves to be stormy and harmful to the interests of the community, in view of the plexus of public policies in progress, which are in line with the guidelines issued by the Chief of the Executive Branch.”
“It seems relevant to give clear lines to the fact that the extirpation of the mandate would only be considered after the judicial decision has become res judicata, and not during the investigative procedure, which is also marked by the absence of constitutionally required adversarial proceedings”, says the body in the request to the STF.
The Prosecutor’s Office also argued that Minister Laurita Vaz’s decision was handed down “within the short period” between the 2 rounds of the election. According to the agency, the removal was determined after 2 months of the PF’s request, “and related to alleged facts that had been occurring, at least, since the year 2019, therefore, for more than 3 (three) years, in order to rule out any contemporaneity”.
“The Superior Court of Justice, with due respect, worked in an absolutely unconstitutional manner, causing serious damage to the legal-constitutional order and to the administrative order, when determining, in an injunctive relief and before the filing of the complaint, the removal of the Governor of the State in which the position is held, including for a period longer than the remaining term of office”.
Dantas’ defense also called the STF about the case. On Friday (Oct 14), the lawyers of the removed governor asked the Court for access to the investigation of which the politician is the target.
In the complaint sent to the Supreme Court, the governor says that he did not have access to the inquiry that led to his removal, since it runs in secrecy. According to the request, there was an affront to the Binding Summary 14 of the STF, which guarantees as a right of defense the broad access to evidence that appears in investigations.
UNDERSTAND
Dantas was the target of an operation by the PF (Federal Police) on Tuesday (11.Oct) and removed by decision of Minister Laurita Vaz, later endorsed by the Special Court of the STJ. The initial period of 180 days was shortened. With this, the removal goes until December 31.
The investigation investigates the alleged practice “systematic” of embezzlement of public resources in the Legislative Assembly of Alagoas from 2019, when the politician was a state deputy. The case is investigated in Operation Edema.
Dantas was elected state deputy in 2018. In May 2022, was indirectly elected to a buffer term in the government of Alagoas. The election was held after the departure of the then governor Renan Filho (MDB) to run for a seat in the Senate. Renan Filho was Elected senator on October 2.
The governor is an ally of the senator Renan Calheiros (MDB) and former president Luiz Inácio Lula da Silva (PT).
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