After the court overturned an injunction that prevented the appointment, Filipe Mello jokes and says that, despite his CV, being a son was a “defect”
The son of the governor of Santa Catarina, Jorginho Mello (PL), decided this Tuesday (9.Jan.2024) that he will not take over as Secretary of the State Civil House. Lawyer Filipe Mello had been appointed by his father to the role on January 3rd.
The announcement was made after the TJ-SC (Court of Justice of Santa Catarina) overturned on Monday (8 January) the injunction (provisional decision) that prevented the appointment of the governor's son to the position. The decision (complete – PDF – 321 kB), signed by judge Gilberto Gomes de Oliveira, responds to an appeal by PGE-SC (Attorney General of Santa Catarina).
Through social media, Filipe mocked the criticism and stated that his “defect is biological, it is being a son”. He stated that the decision was taken after a conversation with Jorginho and that he will continue to help the management without a position.
“I understand that I could contribute more and better, but what we don’t need is more fruitless controversies”he said.
Understand the case
Jorginho Mello announced the appointment of his own son through official note on Wednesday (January 3). The following day (January 4), TJ-SC judge João Marcos Buch suspended the nomination. The request was filed by the Santa Catarina Psol.
Buch argued that the measure represented a “risk to the principles of morality” and from “impersonality” It is “nepotism”in addition to “serious damage, difficult or impossible to repair”. Here's the complete of the order (PDF – 1 MB).
In 2008, the STF (Federal Supreme Court) approved the Binding Precedent 13, which prohibits the appointment of a spouse, partner or relative up to the 3rd degree for management, leadership, advisory or positions of trust. However, it makes an exception for positions in the 1st level.
On the morning of this Tuesday (9th January), the injunction was overturned, allowing the appointment. Judge Gilberto Gomes de Oliveira responded to the State Attorney General's appeal request.
Gomes de Oliveira wrote in the suspension that “there is no impediment that could make the contested appointment unfeasible, which is why there are no reasons for maintaining the aggravated command”.
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