Former governor of Rio de Janeiro Wilson Witzel (PSC), impeached in April amid allegations of corruption, asked this Tuesday, 21, the Supreme Court (STF) to annul the impeachment and authorize his immediate return to office to finish the term.
The main argument is that the first evidence of the investigation that supported the impeachment process was authorized by Judge Marcelo Bretas, from the 7th Federal Criminal Court of Rio, who later declared himself a suspect to try the former governor. The defense asks that all evidence and subsequent procedural acts be declared unlawful, which in practice dehydrates the accusations and nullifies the conviction for the crime of responsibility.
“In view of the flagrant rot of the “tree” (illicit evidence determined by a suspicious and absolutely incompetent court), all the fruits (evidence) arising from such rotten tree are contaminated, generating the nullity of the procedural acts arising, as well as the impeachment that never it would have occurred if there had been no such illicit evidence determined by a suspicious and absolutely incompetent court”, says an excerpt of the request.
Witzel’s lawyer also claims that he was submitted to a ‘court of exception’ ready to ‘condemn him at any cost, contrary to legality’. The defense reiterated on Tuesday questions about the judgment in the Special Mixed Court, a collegiate composed of state deputies and judges responsible for the impeachment process, which had already been presented in an appeal before the court. These are points that, according to the former governor, prevented him from exercising the right to an adversary proceeding to ‘prove his innocence’.
Witzel had already filed an appeal with the Supreme Court, but Minister Alexandre de Moraes, defined as the case’s rapporteur, upheld the decision that imposed the impeachment in July of this year.
Another point mentioned by the lawyer is that the Legislative Assembly of the State of Rio de Janeiro (Alerj) approved the accounts of the former governor in the year 2020. At the time, Witzel even spoke on social networks: “I was acquitted”.
The defense also argues that the recent change in the law on administrative improbity, sanctioned in October by President Jair Bolsonaro (PL), political enemy of the former governor, defines that governors can only be convicted when the intent is proven. to harm public coffers.
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